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Full text of "Laws of the State of Illinois"

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J 



PRIVATE LAWS 



S 9 Vji-^ 

/ -7 



OF THE 



STATE OF ILLINOIS, 



PASSED BY THE 



TWENTY-FIFTH GENERAL ASSEMBLY 



CONVENED JANUARY 7, 1867. 



VOLUME III. 



SPRINGFIELD : 

BAKER, BAILHACHE & CO., TRINTERS. 

1867. 



TABLK OF CONTENTS. 



SAFE DEPOSIT COMPANY : 

PACE. 

An act to incorporate a company for the safe-keeping and delivery of valuuble packages 

and property by means of fire and burglar-proof .safes and raults . . 1 

SAW-MILL : 

An act to incorporate the J. L. Beirne Saw-Mill and Dock Company 4 

SEMINARY: 

An act Jo amend an act entitled "An act to incorporate the Monticello Female Semi- 

o^i^y .- 

SCHOOLS, ETC.: 



An act to attach that part of range ten (10) west, which lies in the county of Iroquois, 

to range eleven (11) west, in said county, for school purposes. . . 

An act to divide the school fund and township of township number seven (7) north 

range one (1) west, in McDonough county (; 

An act to incorporate the Polo School District 7 

An act to legalize the assessment of school directors' of school district'number 4,'iu'oid 

town township, in the county of McLean and state of Illinois. 
.\n act to legalize certain proceedings of the school trustees of township 1*6 north 

J east in Bureau county, state of Illinoi.s, and of a certain school district t 



U 
range 

named :; :.;::::; .7:. ::.: '—' — -> therein ^^ 

An act to incorporate the Princeton High School District ."."." It; 

An act to change the boundaries of a certain school district therein named 22 

An act to amend an act incorporating Marion School District, in Williamson count'v ^O 
An act to amend an act to incorporate the Rock Island School District, approved Feb- ' 

ruary lb. 18o7, and the several acts amendatory thereto. 03 

An act to define a school district therein named ">5 

'^".1?.ii°„"r,^!:i:" J^"^^,-°^ *°^°^!^^I? twenty-one north,' range Vwo'east of the' fourth " 

north, range 



principal meridian, as lies in Rock Island countv, with township twenty 
two east of said meridian, in said county, for school purposes 
An act to amend an act entitled "An act to incorporate the Kankakee Scli< 



, „ . , incorporate the Kankakee School District," 

approved February 16, 1805 . o 

An act to amend an act entitled 
schools in 

An act to auth 



nend an act entitled "An act to establish and regulate a system of public 

the city of Bloomingtou," approved February 10, 1857 ■>« 

athonze Union School District No. 5, in the town of Manteno, 'Kankakee 

county, to borrow money to build a school house og 

An act to establish the School District of Rlandinsvilie, McDonough cou'n'tV ''S 

-\n act to incorporate the Augusta School District 29 

An act in reference to the Reform School of the city of Chicago, state' of 'I'lii'nois! ." .31 

.\n act to attach certain lands therein named to school district number one, in township 
number eighteen north, range seven west, in Menard county , ,3S 

A n act to incorporate the Hey worth School District " 33 

An act to create the Illiopolis School District !.'.'!.".'."!.'.'."." 35 

Peoria°c^'°?^^ ^^^ schools in townshij) number eight nor'th, of range eig'h't (8)east,*i'n 

An act to incorporate the Havana German* s'chooi Associ'ation." ." 37 

An act to establish and maintain a system of public graded schools in *the town'of *6lnev." 39 
An act to establish and maintain a system of graded schools in the citv of Olney . . . . ' 39 
An act to legalize a certain tax levied by the school directors of school district number 

mree, in township sixteen south, of range one west, and for other purposes 40 

An act changing the Carthage School District 41 

An act to confer school powers upon the township of Hanna, in the 'county o'f'ilenry! ' ' 41 
An act to appropriate surplus bounty funds in the town of Lemont, Cook county, for 

school purposes "^ 4.7 

An act to attach certain lands t'herein'nained' to 'school d'istr'i'ct'mviiber'six, "i"n 'the' 'town 
of Hallock, in Peoria countv 43 

An act to establish and form the Charlest'o'n 'Union'Schoo'l'District .' .* .'.' .* .* .' .' '. '. '. '. '. '. '. [ '. '. [ [ 44 



IV CONTENTS. 

SCHOOLS, ETC.: pack. 

An act to divide the school funds of certain townships herein named 50 

An act to incoi-porate the Chicago Sunday School Union 51 

An act to incorporate the Davis Onion School District 52 

An act for the establishment of a system of graded schools in Nauvoo, Illinois 58 

An act to amend an act entitled "An act to create a school district in the town of Deca- 
tur, Illinois, to be known as the Decatur School District" 64 

An act to dissolve Union School District number one, in the township of Palatine, Cook 

county 65 

An act to incorporate Freeport School District 65 

An act to establish the Greenbush School District, in Warren county, Illinois 7S 

An act to amend an act entitled "An act to incorporate the Lacon Union School Dis- 
trict' ' 77 

An act to incorporate the Rock Island German and English School Society 77 

An act to authorize the School Directors of District No. 1, T. 2 X., R. 2 E., Marion 

county, to purchase real estate 79 

SKATIXG ASSOCIATIONS : 

An act to incorporate the Washington Skating Association 79 

An act to incorporate the Hyde Park Skating Company 80 

SOLDIERS' HOME: 

An act to incorporate the Soldiers' Home in the city of Chicago 81 

SQUARE ASSOCIATION: 

An act to incorporate the Yincennes Square Association 83 

STEAMBOATS : 

An act to incorporate the Evansville and Cairo Packet Company 84 

An act to incorporate the St. Louis and Quincy Packet Company 86 

An act to incorporate the Lake Michigan Steamboat Company 88 

SHARPSHOOTERS : 

An act to incorporate the Belleville Sharpshooters' Society, of the city of Belleville, in 
the county of St. Clair, and state of Illinois 90 

An act to incorporate the Joliet Sharpshooters' Association 92 

An act to incorporate the Alton Sharpshooters' Society, of Alton, Madison county, Illi- 
nois 93 

An act to incorporate the Germania Sharpshooters' Society, of Breese, Clinton county, 
Illinois 94 

An act to incorporate the Peru Sharpshooters' Association 95 

STOCK YARDS: 

An act to establish the Illinois and Mississippi Stock Yard Company 97 

An act to authorize the Union Stock Yard and Transit Company of Chicago to increase 
its apital stock 100 

STREETS, ALLEYS, ETC.: 

An act to vacate Robinson street, in the town of Dunton, Cook county 100 

An act to vacate certain alleys herein named 100 

An act to vacate certain streets and alleys in the town of Camargo 101 

An act to vacate certain alleys in Hawley's addition to the town of Carthage 101 

An act to vacate certain streets and alleys therein named 102 

An act to vacate certain parts of streets in the town of Winnebago, in the county of 

Wincebago 102 

An act to vacate an alley therein named 102 

An act to vacate certain useless streets and alleys in the Old Town of St. Clair 103 

An act to provide for the construction of a sidewalk in the townships of Batavia and 

Geneva, in the county of Kane 104 

An act to vacate certain streets in the town of Tuscola, and for other purposes 106 

An act to vacate a portion of a certain street in the town of Upper Alton , 106 

An act to vacate a part of a certain street therein mentioned 106 

An act to vacate certain streets and alleys in the town of Centerville, in the county of 

St. Clair 107 

An act to vacate a certain alley in the town of Anna, Union county 107 

An act to vacate part of River street, in Kankakee City 107 

An act to vacate certain blocks, lots, streets and alleys in the town and city of Nauvoo, 
Hancock county, and also to vacate certain blocks, lots, streets and alleys in Com- 
merce City, Hancock county 108 



CONTENTS. V 

STBEETS, ALLEYS, ETC.: page. 

An act to vacate certain blocks, alleys, streets and lots in the town of Spring Bay lO'J 

An act to vacate a certain alley in the town of Secor, in Woodford county, in the.state 

of Illinois ^09 

.\n act to vacate a part of Court street, in Sleight's addition to the town of Naperville, 

in DuPage county, 109 

An act to vacate a certain alley in the town of Mt. Pulaski, in Logan county 110 

An act to vacate certain streets in Trumbull's sub-division of the east half of the south- 
west quarter of section two, in township five (5) north, in range ten (10) west, of the 

third (3d) principal meridian, in Madison county, Illinois 110 

An act to vacate a street in Cleaverville, Cook county 110 

An act to vacate an alley in Arlington, Bureau county Ill 

An act to vacate a part of a certain street therein mentioned Ill 

An act to vacate certain streets, avenues and alleys of the town of Petersburg 111 

An act relating to streets in East Quincy, in the county of Adams 112 

TAXES : 

An act to legalize a tax levied in school district number one, in township 19,^ range 8 
east, in Champaign county, Illinois, and for other purposes 113 

An act to authorize the county of Hamilton to levy a tax to build a fire-proof clerk's 
office ^ • 114 

An act to authorize Pulaski county to borrow money 115 

An act to legalize the war bonds issued by the board of supervisors of Fayette county, 
and to legalize all proceedings had in reference to the assessment, levying and collec- 
tion of taxes to pay said bonds, and for extending the collection of taxes 115 

An act to repeal an act entitled "An act to authorize the township of Fountain Green, in 
the county of Hancock and state of Illinois, to levy and collect a tax to pay volunteers 
in the military service of the United States, and for the relief of Jacob S. Ross, late 
collector of said Fountain Green township" llfi 

An act to legalize and provide for the collection of certain taxes levied in the towns of 
DuPage and Wilton, in Will county, in the year 1864 117 

An act to legalize a certain tax levied by the Board of Supervisors of Rock Island 
county 118 

An act to authorize the county of Jersey to levy a special tax 118 

An act to enable the town of Tarapico and the town of Jordan, in the county of White- 
side, to levy and collect a bounty tax 119 

An act to enable the county of Logan to levy a special tax to build a jail, erect bridges, 
and other improvements .120 

An act to authorize the county of Cumberland to levy and collect a special tax for the 
purpose of building bridges in said county 120 

An act to legalize a tax levied by the town of Kankakee for road and bridge purposes. .120 

An act to extend the time for the collection of taxes in Belvidere township, in Boone 
county 121 

An act to enable the town of Mount Pulaski to levy a special tax for certain purposes 
therein named 121 

An act to authorize the town of Padua, in the county of McLean, to levy a special tax to 
refund money furnished to pay bounties to volunteers. , 122 

An act to authorize the towns in Cook county to levy a tax for road purposes 122 

An act to authorize the board of school inspectors of the city of Peoria to levy a tax. . .123 

An act to authorize the legal voters in the south half of township six north, range ten 
west, and the fractional part of township five north, range ten west, lying outside the 
city of Alton, of third principal meridian, in Madison county, Illinois, to levy a tax 
for the purpose of grading, macadamizing and improving certain roads 123 

An act to enable the county of McDonough to levy and collect a tax to build a court 
house and jail 12G 

An act to enable the inhabitants of Dwight township, county of Livingston, to levy a tax 
for the purpose of experimenting for coal 126 

An act to authorize the President and Trustees of the Town of Bushnell to levy and col- 
lect a tax in aid of the Toledo, Peoria and Warsaw Railroad 127 

An act to repeal an act entitled "An act to enable the town of Fall Creek, in the county 
of Adams, to levy and collect a tax for a war fund, therein named," approved Febru- 
ary 16, 1865, and to provide for the disposition of the remainder of said war fund 128 

An act to legalize a certain tax in Boone county 128 

An act to authorize the county of Madison to levy an additional tax for county purposes. 129 

An act in relation to surplus bounty tax in the town of Cicero, in Cook county 129 

TEMPERANCE SOCIETY: 

An act to incorporate the Father Matthew Total Abstinence Society of the city of Chicago.130 

TOWN INDEBTEDNESS : 

An act to provide for the issuing of bonds by the town of Kewanee to aid in the estab- 
lishment of a woolen mill therein, and for the payment of the same 132 

An act to enable the several towns of McLean county to raise money for war purposes. 134 
An act to enable the town of Warren, in JoDaviess county, Illinois, to issue bonds for 
railroad purposes *. 134 



TI CONTENTS. 

TOWXS: PACK. 

An act to ameud an act entitled "An act incorporating the town of Girard," approved 

February 14, ISoo . . 135 

An act to provide for the payment of town orders in the town of Xiles 141 

An act to amend an act entitled "An act to incorporate the town of Marseilles" 142 

An act to incorporate the town of Dement 142 

An act to incorporate the town of Saybrook 148 

An act to incorporate the town of Otterville 155 

An act to incorporate the town of iSigel 158 

An act to incorporate the town of Jefferson, in the county of Cook and state of Illinois. 161 
An act to amend an act entitled "An act to amend the charter of the town of Hennepin," 

published on pages 131-135 of laws 1852 107 

An act to incorpoi-Iite the town of Mackinaw 167 

An act to amend an act entitled "An act to incorporate the town of Xenia," approved 

February IG, a. d. 1865 108 

An act to amend the charter of the town of Crotty 177 

An act to incorporate the town of Onarga, in Iroquois county 179 

An act to amend an act entitled "An act to incorporate the town of DeKalb," approved 

February 21, 1861 1&2 

An act to incorporate the town of Clement, Clinton county, Illinois 193 

An act to vacate the public square in Post's addition to the town of Waynesville, in De 

Witt county, and for other purposes 201 

An act to amend the charter of Freeburg, in St. Clair county 201 

An act to extend the corporate powers of the town of Chatsworth 206 

An act to amend an act entitled "An act to incorporate the town of Anna," approved 

February 10, 1865., 215 

An act to incorporate the town of Louisville 223 

An act to incorporate the town of Lake, in the county of Cook and state of Illinois 228 

An act to vacate a certain part of Holden's addition to the town of Frankfort, in Will 

county 234 

An act to amend section three of article eight of "An act to incorporate the town of 

Paris," approved February }6, 1857 235 

An act to incorporate the town of Gilman, Iroquois county, state of Illinois 235 

An act to vacate a portion of the plat of the town of New Liberty 240 

An act to incorporate the town of Keokuk Junction 240 

An act to change the name of the town of Bourbonais, in Bureau county 247 

An act to iucoi-porate the town of Maroa, Macon county, state of Illinois 247 

\n act to vacate the town plat of the town of West Lockport, in Will county, state of 

Illinois "■ 259 

An act to incorporate the town of Miuonk 25'.i 

An act to repeal certain portions of a local act entitled "An act to levy taxes upon the 

property in certain towns therein named, to liquidate the indebtedness for building a 

brid<^e across the Kankakee river at Aroma, in Kankakee county" 265 

An act°to change the name of the town of Wilson to lUiopolis 266 

An act to incorporate the town of Shipman, Macoupin county 266 

An act to incorporate the town of Atkinson, in Henry county 269 

An act to amend an act entitled "An act to incorporate the town of Hillsboro, Mont 

gomerv county, Illinois" 275 

An act to incorporate the town of Newark 276 

An act to incorporate the town of Murray ville, Morgan county, Illinois 289 

An act to incorporate the town of Geneva, Kane county, Illinois 294 

An act to incorporate the town of Meredosia, Morgan county 303 

An act to incorporate the town of Wenona 3lo 

An act to incorporate the (own of Normal 321 

An act to vacate Robinson street, in the town of Duntou, Cook county 336 

An act to change the name of the town of Jamestown, in Sangamon county, Illinois 336 

An act to incorporate the town of Sparland 337 

\n act to reduce the several acts relating to the town of Hyde Park, in Cook county, 

into one act, defining the limits of said town, and the powers and duties of the officers 

thereof. 344 

\n act to amend an act entitled "An act to incorporate the town of Ogle Station, in the 

county of Lee," approved February 16, 1865, and to change the name of said town to 

Ashton ;••.• ^"^ 

An act to incorporate the town of Oconee, in Shelby county, Illinois 3o8 

An act to incorporate the town of Kansas, in Edgar county, Illinois 365 

^n act the better to provide for the incorporation of the town of Waverly .371 

\n act to incorporate the town of Red Bud, in the county of Randolph and state of Illi- 
nois •.•••. '^'^'^ 

\n act to incorporate the town of Cicero, in the county of Cook and state of Illinois. . .385 
\n act to incorporate the town of Proviso, in the county of Cook and state of Illinois. .391 

An act to incorporate the town of Harvard 397 

\n act to incorporate the town of Greenfield, in Greene county 403 

An act to divide the towns of Galesburg and West Galesburg 411 

An act to incorporate the town of Elmwood, in Peoria county 412 

An act to in:orporate the town of Flora • 421 



CONTENTS. VII 

TOWNS : PAGE. 

An act for the iucorporatiuu of the town of Carthage 429 

An act to incorporate the town of Avon, in the county of b ulton 443 

An act to incorporate the town of Xilwood, in the county of Macoupin 448 

An act to amend the charter of the town of Collinsville, in Madison county 452 

An act to extend the corporate powers of the town of Neponset 45o 

An act to amend an act entitled "An act to incorporate the town of (Jirard," approved 

February 14, 185.") 467 

An act to incorporate the town of Dawson 473 

An act to incorporate the town of Marine, in the county of Madison and state of Illinois. 470 

An act to incorporate the town of Lamoille 485 

An act to incorporate the town of Fairfield, in Wayne county 494 

An act to incorporate the town of Urighton, in the counties of Macoupin and Jersey 503 

An act to amend an act entitled "An act to incorporate the town of Virden," approved 

February If,, ISOr, 514 

An act to amend the act entitled "An act to amend the charter of the town of Edwards- 

ville, in Madison county" 515 

An act to incorporate the town of Lanark 515 

An act to change the name of the town of Middleton, Marion county, Illinois, to that of 

luka, and incorporate the same 524 

An act to incorporate the town of Carnii 530 

An act to incorporate the town of Orange\ ille 530 

An act to extend the corporate powers of the town of Lexington 542 

An act to incorporate the town of Colchester, in McDonough county 552 

x\n act to amend an act entitled "An act to incorporate the town of Petersburg," ap- 
proved February 23, 1S41 565 

An act to incorporate the town of CJalvii, in Henry county 570 

An act to change the name of Ilolidaysburg 585 

An act to authorize the town of Edwardsville, in Madison county, to borrow money.. .585 
An act to incorporate the town of Secor, in the county of Woodford and state of Illinois. 586 
An act to amend an act entitled "An act to incorporate the town of Tiskilwa," approved 

February It;, 1857 588 

An act to amend an act to incorporate the town of Sheffield, in Bureau county and state 

of Illinois, in force February 22, a. d. 1861 595 

An act to provide for the payinent of town orders for thq town of Niles 596 

An act to amend an act entitled "An act to incorporate the town of Wheaton, DuPage 

county, Illinois," approved February 15, 1BG5 507 

An act to amend an act entitled "An act to incorporate the town of Tamaroa," approved 

February 17, a. n. 1850 508 

An act to amend the charter of the town of Mason, Effingham county, Illinois 600 

An act to amend an act entitled "An act to incorporate the tow-n of Fieldon, Jersey 

county, Illinois," approved February 7, 1857 600 

An act vacating the town of Bates, in the county of Sangamon 601 

An act to change the name of the town of Athens, in St, Clair county 601 

An act to amend an act entitled "An act to incorporate the town of Courtland," ap- 
proved February 16, 1865 602 

An act to incorporate the town of Nokomis, in Montgomery county, Illinois 602 

An act to change the name of Wliittield, in LaSalle county and state of Illinois, and to 

extend the charter of Belvidere over the same 6"6 

An act to change the Jname of the town of Sherman to that of Dupny, and to extend 

the corporate powers thereof 607 

An act to vacate a ])ortion of the plat of Perry'saddition to the town of Jersey ville, and, 

also, certain out-lots therein named 60S 

An act to amend an act entitled "An act to incorporate the town of Bunker Hill" 608 

An act to amend the charter of the town of Winchester 609 

An act to amend an act entitled "An act to extend the corporate powers of the town of 
Princeton," approved February 18, 1857, and to amend the several acts amendatory 

thereof 61" 

An act to amend an act entitled "An act to incorporate the town of Columbus, Adams 

county," approved February 14, 1855 Glo 

An act to incorporate the town of Industry 611 

An act to amend an act entitled "An act to incorporate the town of Odin, in Marion 

county, state of Illinois," passed and approved February 28, 1865 615 

An act to annex certain territory to town seven (7) north, two (2) east, of third (3d) me- 
ridian, in Fayette county '. 616 

An act to incorporate the town of Mendon ^ *. .617 

An act to vacate part of a town plat * 617 

An act for the benefit of the town of McLeansboro ^617 

An act to incorporate the town of Panola, in the county of Woodford, in the state of 

Illinois 618 

An act to vacate part of Charity Herrington's addition to the village of Geneva '.'.!! 619 

An act to divide the town of Bloomington into voting districts 610 

An act entitled "An act to revive and amend an act to incorporate the town of Upper 
Alton," approved February 15, 1865, 620 



Vni CONTENTS. 

TOWNS : PAGE. 

An act supplemental to an act entitled "An act to amend an act to authorize the super- 
visor of tne village of Cahokia to lease part of the commons appertaining to said vil- 
lage," approved February IS, 1857 621 

An act to amend the charter of the town of Golconda 621 

An act to change the name of the town of Goodale, in Lake county, to that of Grant 622 

An act to change the name of the town of Baden, in Clinton county, to that of New Baden . 622 
An act to amend an act entitled "An act to incorporate the town of Augusta," approved 

February 24, 1S59 623 

An act to amend an act entitled "An act to amend the charter of the town of Henry," 

approved February 24, 1S59 625 

An act to amend an act entitled "An act to incorporate the town of Bath" 626 

TOWNSHIPS : 

An act to repeal certain portions of a local act entitled "An act to levy taxes upon the 
property in certain towns therein named to liquidate the indebtedness for building a 
bridge across the Kankakee river at Aroma, in Kankakee county' ' 627 

An act to consolidate certain townships in Rock Island county, for school purposes. . . .627 

An act relating to the war fund in the township of Buena Yista, in Schuyler county, 
Illinois . . . . r 628 

An act to provide for the resurvey of township twenty-five north, in range two east, of 
the thir(i principal meridian 628 

An act to establish the township of Erienna and the township of Norman, in the county 
of Grundy, as separate townships, for school purposes 631 

An act to annex sections four and five, of township seventeen, range six, in the county 
of Bureau, to township eighteen, of the same range and county, for school purposes. .631 

An act to attach part of township twenty-one (21) to township twenty-two, in McLean 
county, for school purposes 632 

An act to attach all those portions of townships numbers twenty-nine (29) north of range 
numbers ten (10), eleven (11), twelve (12), thirteen (14) and fourteen (14) west of the 
2d P. M., and of range number ten (lu) east of the 3d P. M., which belong to the county 
of Iroquois, to Kankakee county, and make it a part of said last mentioned county. . .632 

An act providing a change in the townships of Lake county 635 

TRANSPORTATION COMPANIES : 

An act to incorporate the Chicago Stage and Baggage Company , 636 

An act to incorporate the Chicago Truck Company 637 

An act to amend an act entitled "An act to incorporate the Mississippi and Illinois 

Transportation Company 639 

An act entitled an act to incorporate the East St. Louis Transfer Company 640 

An act to incorporate the City Baggage and Transfer Company. 641 

An act to incorporate the Grafton Stone and Transportation Company 643 

TUG COMPANY : 

An act to incorporate the Chicago Tug Company 644 

TURNER ASSOCIATIONS : 

An act to incorporate the Pontiac Turnverein 645 

An act to incorporate the German Turner Association of the city of Pekiu, Illinois 646 

An act to incorporate Mascoutah Turnverein of the town of Mascoutah, St. Clair county, 

Illinois 647 

An act to incorporate the Rock Island Turn Geraeinde 648 

An act to incorporate the Peoria Turnverein of the city of Peoria, county of Peoria, 

state of Illinois 649 

An act to incorporate the Springfield Turnverein Gymnastical Association at Spring- 
field, Sangamon county, state of Illinois 650 

An act to incorporate the Freeport Turnverein 651 

An act to incorporate the East St. Louis Turnverein 652 

TURNPIKES: 

An act to amend an act entitled "An act to incorporate the Waterloo and Carondelet 

Turnpike, Road and Ferry Company," approved February 14, 1855, as amended 653 

An act to incorporate the Peoria and Kickapoo Turnpike Company 654 

An act to incorporate a turnpike or macadamized road from Barry, in Pike county, to 

the Mississippi river via > ew Canton 657 

An act to incorporate the trustees of the Peoria and Limestone Turnpike 660 

An act to amend an act entitled "An act to incorporate the Illinois and Indiana Turn- 
pike Company" 664 

An act to incorporate the Waterloo, Columbus and Mississippi Turnpike and Ferry 
Company 665 

UNITARY HOMES: 

An act to authorize the incorporation of Unitary Homes 669 



0UNTENT6. IX 

WAREHOUSES, ETC.: '*^*^*' 

Au act to incorporate the East Saint Louis Elevator Warehouse Company. m 

An act to incorporate the East Burlington Elevator and Stock 1 ard Comp,any 6^4 

An act to incorporate the Delta Elevator and Warehouse (-onip-.my 6.*» 



corporate 
WATER WORKS : 



An act to amend an act entitled "An act to incorporate the SpringHeld Water Works 
Company," approved February 21, 1861 ••'>" 

WEIOHING AND MEASURING: 

An act to incorporate the Chicago Weighing and Measuring Company 630 



\ 



Tol. Ill— 2 



PRIVATE LAWS. 



SAFE DEPOSIT COMPANY. 



AN ACT to incorporate a company for the safe-keeping and delivery of in force Feb'y 
valuable packages and property by means of fire and burglar-proof safes 20, 1807. 



and vaults 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the sub- corporators, 
scribers to the capital stock hereinafter provided for, their 
associates, successors and assigns, and all future stockhold- 
ers, be and are hereby created a body politic and corporate 
under the name and style of "The Safe Deposit Company, style. 
of Chicago ;" and as such shall have perpetual succession, 
with power to contract and be contracted with, may sue Powers inlaw 
and be sued, plead and be impleaded, answer and be an- 
swered unto, defend and be defended against, in all courts 
and places whatsoever, and be recognized in all its rights 
and powers, without pleading the same, and enjoy all the 
rights, privileges and immunities, and do and execute all 
things necessary to carry into effect the objects of this act ; 
may have a common seal, and alter, renew and modify the 
same, and make, ordain and publish such by-laws, rules p.y-iaws. 
and regulations, for the management of its affairs and busi- • 

ness, as are not inconsistent with the constitutions and laws 
of the United States or the state of Illinois. 

§ 2. The capital stock of said company shall be one CapUai stock- 
hundred thousand dollars, divided into shares of one hundred meiL-Su-" 
dollars each, and maybe increased from time to time as "'^^f «*«^i^- 
shall be deemed necessary or desirable by the board of 
directors. Such stock shall be paid in in such installments 
and at such times as the board of directors shall require; 
and the by-laws shall provide for the forfeiture of all stock 
on which such installments shall not have been paid. Said 
company inay organize and proceed to business when one- • 

half of said stock shall have been subscribed, and twenty- 
live thousand dollars paid in, but not before. 

§ 3. Jesse Spalding, Charles H. Ham and Daniel Sliep- commissioners, 
ard, or a majority of them, are hereby authorized, as com • 
missioners under this act, to open, or cause to be o])ened, 
books of subscription to the capital stock of said company, subscription, 
at such time and place, and such adiourned times and i^laces 
Vol. Ill— 1 



SAFE DEPOSIT COMPANY. 



Three days' no- 
tice. 



Board of direc- 
tors. 



Buildings, safes 
and vaults. 



Terms. 
Proviso. 



By-laws — certi- 
ticatep.' 



Disputed own- 
ership. 



Bond. 



as they or a majority of them shall think proper. After 
the amount of stock required by the preceding section shall 
have been subscribed, the said commissioners, or a majority 
of them, shall give notice for at least three days previous 
thereto, by publication in one or more newspapers, then 
published in the city of Chicago, to such subscribers, to 
meet at a time and place named therein, within the city of 
Chicago, and under the inspection of said commissioners, 
or a majority of them, choose a board of directors, of not 
less than live in number, in whom and their successors, all 
the powers of this corporation, not herein otherwise spe- 
cially limited and provided against, shall become vested, 
and shall hold their office until the lirst Monday of Decem- 
ber, next ensuing their election as aforesaid, and until their 
successors are chosen ; and said company shall be consid- 
ered as organized upon the election of such board of 
directors. 

§ tt. The corporation hereby created shall have power 
to erect or lease a building or buildings, or parts thereof, 
and construct and provide therein fire and burglar-proof 
vaults and safes, and lease the same, or the right to use the 
same or portions thereof, and to receive upon deposit or 
storage, for safe keeping, jewelry, plate, coin, stocks, bonds, 
merchandise, money, deeds, and other indentures, wills, 
warehouse receipts, bills of lading, railroad and transpor- 
tation certilicates, evidences of debt, and valuable personal 
property, and evidences or representatives of property of 
all kinds, and take the management, custody and control of 
the same ; and may give receipts, certificates, or memo- 
randa, and give security, or make advances on or for the 
same, upon terms to be provided and prescribed in the by- 
laws, or as may be agreed upon : Pvomded^ that said 
company shall wdlbin two years after the passage hereof 
erect a substantial fire-proof building in the city of Chicago, 
and construct therein, fire and burglar-proof vaults, in 
which to store and keep the property which may be stored 
or deposited with said company for safe-keeping. 

§ 5. The by-laws shall provide for the manner, and 
terms, and conditions, of leaving or depositing and delivery 
of such aforementioned property ; but in case of disputed 
ownership, all receipts, certificates or other evidences of 
the deposit of property, issued by the said company, shall 
be deemed in the hands of the holder thereof, as absolute 
title to the said property, both in law and equity, as against 
and so far as said company is concerned ; but in all cases 
where notice of such disputed ownership is served upon 
said company by its president or secretary, before the de 
livery of siich property, the said company may require of 
either claimant, before delivery, satisfactory bond, in double 
the value of the property to be given, for the use of who- 
ever may establish his right and title to such property. 



SAFE DEPOSIT COMPANY. 3 

Said by-laws shall further provide for the election of a pres- officers— duties 
ident, vice president, secretary, and sucli other officers and 
agents as may be necessary in the business of said company, 
and the duties of each ; for the repeal, amendment or modi- i^iecuons. 
iication of existing by-laws, and for the creation of new 
ones; for the times, places and manner of election of direc- 
tors, except as herein limited, and generally for anything 
necessary and desirable to the safe, economical and advanta- 
geous conducting of the business and affairs of said company. 

§ 6. The corporate powers of said corporation shall be dumber of di- 
exercised by a board of not less than live nor more than rectors. 
fifteen directors, who shall be chosen by ballot; every 
stockholder being entitled to one vote for each share of 
stock held by him, and standing in his name, on the books 
of said company at the time of such election, but no person 
shall be considered as elected director, unless he shall have 
received a majority of the votes, in shares, cast at such 
election ; and in case two or more persons shall receive an Tie vote. 
equal number of votes, in shares, cast at such election, and 
neither be elected, then those directors who shall have been 
elected, shall determine by ballot, each director casting one 
vote, who shall fill such vacancy or vacancies ; but no per- 
son shall be eligible as director who is not a stockholder to Qualification of. 
the amount of ten shares. Said board of directors shall By-iaws. 
provide and adopt the by-laws herein required. The first -p-^^.^^. ^^^^^ ^^ 
board of directors chosen as herebefore prescribed, shall consist of five, 
consist of five persons, who may at any time thereaf- 
ter increase their number to not exceeding fifteen persons, 
and shall, in the by-laws, fix the number of directors to be 
voted for at the next election, and until otherwise provided 
by by-laws duly created. 

§ 7. It shall be lawful for said company to acquire, Keai property. 
receive, hold, possess and enjoy property, effects and heri- 
ditaments, real and personal, by gift, grant, devise, bequest, 
purchase, lease, mortgage, assignment, or other manner, 
known to the law, and may dispose of the same as may be 
deemed advisable by the board of directors ; as well as all 
such real and personal property, rights or choses in action, 
as may be necessary or advisable to acquire, in the enforce- 
ment, settlement, collection or securing of any claim, right 
or demand arising out of its business transactions. And suits-actiona. 
in all actions, suits or causes brought by or against said 
company, the president, secretary or other officer or agent 
of said company, shall be a competent witness, notwith- 
standing his interest as a stockholder. 

§ 8. It shall be the duty of said company to use all Lien on property 
reasonable care and diligence in the keeping of all property — notice-saie. 
deposited or left with them ; and said company shall have a 
first lieu on all such property to the extent of all char^^es 
and advances thereon ; and, in cases where such property 
is liable to depreciation, may, upon notice to the party from 



4 SAW-MILL. 

whom the same was received, sell or dispose of the same 
by public or private sale, and out of the proceeds from such 
sale retain such charges or advances, together with the 
costs and expenses of such notice and sale. 

§ 9. In all grants, mortgages, releases, conveyances or 
other transfers of real or personal property, the signature 
of the president or vice president and secretary, attested, 
under the seal of the company, shall be good and valid in 
law and equity. 
stoL-k-transier § 10. The stock of Said couipauy shall be regarded as 
personal property, and assignable and transferable only on 
the books of the company, according to provisions to be 
contained in the by-laws. Said company shall, however, 
First lien. liavc a first licu ou Said stock for any unpaid assessment 
thereon, or any indebtedness owing to said company from 
the person in whose name the same stands on the books of 
said company. 

§ 11. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved February 20, 1867. 



In force FeVj'y AN ACT to iucoiporate the J. L. Beiine Saw Mill aud Dock Ooiiij)auv. 
20, 1867. ' ■ 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Asserahly^ That J. L. 

Corporator^. Bcime, J. Darby, L. H. Westlake, Wm. II. Allen and 
Henry Eastman, and such others as may associate with 
them for the purposes specilied in this act, be, and they are 
hereby, constituted a body corporate, by the name of "The 

style. J- I-<. Beirne Saw Mill and Dock Company," for the purpose 

manufacturing and dealing in lumber and erecting docks of 

i;u.-:ine.s«. or ways for building and repairing boats and vessels, at 

Grafton, in the county of Jersey, and b}^ that name they 
and their successors shall have succession, and shall in law 
be capable of suing and being sued, plead and be implead- 

powers inlaw, ^d, iu all courts and places whatsoever; may have a com- 
mon seal and alter the same at pleasure, may purchase and 
hold real estate for the uses and purposes of said incorpo- 
ration, and sell and convey the same at pleasure. 

Capital 3io';k- ^ ^' The Capital stock of said company shall be fifty 

»hare.-, etc. thousaud dollars, in shares of live hundred dollars each, to 
be subscribed for ; and the said capital may be increased to 
one hundred thousand dollars, at the pleasure of said com- 
pany ; and as soon as one-half of the capital stock is sub- 
scribed the stockholders may choose directors, and transact 
and conduct the business for which this incorporation is 
granted. 



SEMINARY. 



and 



^3. The before-named incorporators, or a maiority of Books or sub 

, o 11,. 1 • -• J 1 ^ i.1 scnptiou. 

them, may open books tor subscriptions and conduct tne 
same by i^ivinoj due notice until one-half the capital stock 
shall be sTibscribed ; then the stockholders may elect direc- ^'^^^^^^ 
tors and officers who shall have power and authority to make 
all needful rules, regulations and by-law^s for the manage- 
rxient and control of the business contemplated by this act; 
and also lor the purpose of carrying into effect all the 
powers and privileges granted to said company by this act: 
Provided, sxich rules, regulations and by-laws are notincon- Frovisoi 
sistent with the constitution or laws of this state. 

§ 4. This act to take effect from and after its passage. 

Approved February 20, 1807. 



AN ACT to amend an act entitled "An act to incorporate the Monticello In force Feb'y 

Female Seminary." 22,1867. 

Section 1. Be it enacted hy the Feojple of the State of 
Illinois, represented in the General Assembly, That the act A^^^, ^o^^'isls^ 
entitled "An act to incorporate the Monticello Female Semi- amended', 
luiry,'' approved February 23, 1843, be, and the same is 
hereby, amended, as follows, to-wit: That no gambling es- 
tablishment, liquor or beer saloon, or any place of any kind 
tor the sale of malt or spirituous liquors as a beverage, shall 
be allowed within the distance of one and one-half miles 
from the seminary buildings at Monticello, Madison county. 

§ 2. Any person who shall open, or keep, or be in any Fiues and pen- 
way connected with such establishments within the limits fiono7"^^°^^' 
hereby provided, shall be liable to action before a justice's 
court, upon complaint of any two members of the l)oard of 
trustees of said collet^e; and upon conviction shall be fined 
twenty-five dollars for the first offense, with costs of suit ; 
and for every subsequent offense fifty dollars and costs ; 
and upon failure to pay such fine shall be imprisoned in the 
county jail for any term not less than ten days, nor more 
than ninet}^ days, at the discretion of the court ; said fines 
when collected to be paid over to the treasurer of the sem- 
inary, to be used for the current expenses of the seminary. 

§ 3. This act to take effect and be in force from and 
after its passage. 

Approved February 12, 1867. 



SCHOOLS, ETC. 



In force Feby AX ACT to attach that part of range ten (10) west, which lies in the 
13, 1S67, " fountv of Iroquois, to range eleven (11) west, in said county, for school 



iqu 
purposes. 



Preamble. WiiEKEAS ninge ten (10) west, in the county of Iroquois, 

is a fractional range not over one mile in widtii ; and 
whereas, it is impracticable and inconvenient and expensive 
to levy taxes and conduct schools in said range ; therefore, 

Sectiox 1. Be it enacted hy the People of the State of 
Illinois, reinesented in the General Assembly. That that 
Aitachmcnt. portiou of range ten (10) west, lying in the county of Iro- 
quois, be, and^the same is hereby, attached to range eleven 
(11) west, in said county, for school purposes. 

§ 2. This act shall be a public act, and take effect from 
and after its passage. 

Appkoyed Februarv[13, 1807. 



Jn force Feb'v AX ACT to divide the School fund and township of township number 
13, 1S67. " seven (7) north, range one (1) west, in McDonough county. 

Section 1. Be it enacted hy the Feojyle of the State of 
Illinois^ represented hi the G eneral Assembly , That the south 
half of township number seven (7) north, in range one (1) 
west, in McDonough county, being the south half of the 
town of Prairie City, in said county, slial] constitute a 
township for school purposes, "and shall be known and 
Name and style stylcd BushucU ; and the north half of said township shall 
constitute a township for school purposes, and shall be 
known and styled Prairie City; and the public school fund 
Division of of Said Original township be equally divided by the present 
6chooi fiuKi-. i^Qard of school trustees of said township; and that upon 
the organization of the boards of school trustees of the 
above created townships, they shall cause the fund so divi- 
ded to be paid by the present treasurer to the treasurers of 
said new boards respectively. 
Election for % 2. The first election for school trustees shall be held 
pohooi trusue- ^^ thcannual town meetings next to be holden in said town- 
ships, and shall organize within ten days thereafter, in the 
manner provided by the school laws ; and the elections 
thereafter shall be held as provided by the school laws, 

g 3. This act shall take effect and be in force from and 
after its passage. 

Approved February 13, 1867. 



SCHOOLS, ETC. 



AN ACT to incorporate the Polo Seliool District. In foreo Feb'y 

14, 1867. 

Section 1. Be it enacted Ly the Peojple of the /State qf 
Illinois^ represented hi the General Assembly ^ That all the 
territory within the limits of what is now known as the cor- 
poration of the town of Polo, in the county of Ogle, is here- 
by cjnstituted a school district, to be known as the Polo Name. 
School District. 

§ 2. The government of said school district for school Board of educa- 
purposes shall be vested in a board of three persons, to be ^'""' 
styled "The Board of Education of Polo School District," 
and W. W. Burns, M. D. Swift and A. M. Hitt, the present 
school directors of school district number two, (No. 2), 
town (28) twenty-three north of range (8), east of the (4) 
fourth principal meridian, in said Ogle county, shall con- First board. 
stitute the first board of education of said Polo school dis- 
trict, and shall hold their offices from and after the passage 
of this act, and for one, two and three years respectively 
from the«ti.rst Tuesday in June, eighteen hundred and sixty- 
seven, and until their successors are elected and qualified, '^'erm of office. 
At the first meeting of said board after the passage of this 
act, it shall be determined by lot which of said three mem- 
bers shall hold his office for one year from said first Tues- 
day in June, eighteen hundred and sixty-seven, which of 
said three members shall hold his office for two years from 
said first Tuesday in June, eighteen hundred and sixty- 
seven, and which of said three members shall hold his office 
for three years from said first Tuesday in June, eighteen 
hundred and sixty-seven. 

§ 3. There shall be elected by the qualified voters of ^^'^^^'°"'°' 
said district, on the first Tuesday in June, eighteen hundred 
and sixty-eight, and annually thereafter, one member of 
said board, who shall hold his office for three years, and 
until his successor is elected and qualified. The meeting 
for said election shall be notified by the clerk of said board 
by giving at least ten days' notice of the time and place of 
said election, by publishing a notice in a newspaper of said 
town of Polo ; and the poll books shall be opened and kept, 
the votes canvassed and returns made, and all other pro- 
ceedings had in the same manner as in elections of presi- 
dent and trustees of the town of Polo. In case of a tie in 
any election, the same shall be decided by lot by the judges 
of election on the day of election. As soon as practicable 
after this act shall become a law, and after each annual 
election thereafter, the said board of education shall appoint 
some legal voter of said Polo school district an alternate Aitematei. 
member thereof, and in case of a vacancy in said board, or 
of the absence of a regular member from the district, said 
alternate shall have all the powers and perform all the duties 
of a regular member during said absence or until said va- 



S SCllOOLg, ETC. 



vacanoy. cancj IS filled, wliicli said vacancy shall be filled at the 

next annual election after such vacancy shall occur. The 
members of said board shall severally take an oath to dis- 
charge the duties of their office to the best of their know- 
ledge and ability. 

Name and style § ^r. The Said board of education shall be a body corpo- 
rate and politic, by the name and style of " The Board of 
Education of Polo School District," and may have a com- 
mon seal and change the same at pleasure, and as such may 
contract and be contracted with, sue and be sued, plead and 
be impleaded, in and before any tribunal having competent 
jurisdiction. 

Meetings. g 5_ j^ gj^^jl \^q j-j-^^ ^y^^y ^f ^^^i^ board to hold quarterly 

sessions on the first Tuesday of June, September, Decem- 
ber and March of each year, and they may meet by adjourn- 
ment at such other times as they may think proper^ and 
the president of the board or any two members thereof 
may call a special meeting of the board, by giving a verbal 
notice of the time and place and object thereof, or leaving 
a written notice thereof at the residence of all* the other 
members of the board ; and at all the meetings a majority 
of the board shall be a quorum to transact business. Said 
board shall organize by appointing one of their nmiiber 

Presideni. president. They shall elect a clerk, who may be a member 
of the board, and a treasurer, who shall not be a member 
of the board, who shall hold their respective oflaces during 
the pleasure of the board, and until their successors shall be 
elected and qualified. It shall be the duty of the president, 
when present, to preside at all meetings of the board, and 

Clerk— duty oT.j it shall bc the duty of the clerk to be present at said meet- 
ings, and to record in a book to be provided 'for that pur- 
pose, all the official proceedings of said board, which record 
shall be public and open to the inspection of any person in- 
terested ; and all said proceedings, when recorded, shall be 
signed by the president and clerk, and a copy thereof, cer- 
tified by the clerk, shall be jyrinia facie evidence of such 

Officers, pro tern proceedings in courts and other places. If the president or 
clerk be absent, the board may appoint a president or clerk 

Treasnrer 'j^'o tem. The treasurer shall execute to said board an offi- 
cial bond, with good and sufficient securities, such bond to 
be approved by the board, in such sums as the board shall 

Duties of. determine, but to be, as nearly as can be ascertained, in 

double the amount of all moneys that w^ill at one time be in 
his hands, and conditioned for the performance of his duties 
as treasurer, and especially faithfully to keep and from time 
to time pay over all moneys that he shall receive as such 
treasurer, as he shall be directed by order of the board, or 
required by law to do. He shall keep a true and accurate 
record, in proper books for that purpose, of all moneys re- 
ceived and paid out by him, for what purpose and upon 
what and whose account ; but he shall pay out no money 



SCHOOLS, ETC. 



except upon order of the board. For all moneys paid out 
he shall take and tile with the papers of his office proper 
vouchers, and he shall settle his accounts with the board at 
least once in each year, and oftener if the board shall so 
require. 

§ 6. No member of the board shall receive any compen- compensationof 
sation for his attendance at the meetings of the board, nor 
for the performance of its ordinary duties ; but for extraor- 
dinary services reasonable compensation may be allowed, 
the board to determine what are extraordinary services, and 
the compensation therefor. The secretary and treasurer 
shall receive such compensation as the board may prescribe. 

§ 7. The treasurer shall, under direction of the board, Receipt of inte- 
demand and receive oi the omcer or oincers having the e^s — disposi- 
custody thereof, any interest or other money, from any 
school fund or any other source to which the Polo school 
district, or any part thereof, or tlie schools or the teachers 
therein, would be entitled if this act had not been passed ; 
and the money so received from such funds or sources, 
shall be placed in the treasury, to be used and expended 
under the order and direction of the board for the support 
of schools and for school purposes, in the same manner as 
other funds that shall come into the treasury by taxation or 
otherwise. 

§ 8. Said board of education, so far as applicable to the Le^aisuccessors 
above mentioned territory as constituting said Polo school schooiS 
district, and any additions to said district which may here- 
after be made, shall be the legal successors of the trustees 
of schools of said township twenty-three (23) north, of range 
eight (8) east of the fourth (^th) principal meridian, in Ogle 
county, and shall have the entire and exclusive control of 
all school funds of said Polo school district, or any part (-ontroi of funds 
thereof, whether consisting of the portion of the school or 
township funds belonging and to belong to said district, or 
any part tJaereof, or derived from taxation or loans or oth- 
erwise, to be used by them as provided in this act, and they 
may receive any gift, grant, donation, devise, bequest, or Donations, etc 
legacy, made for the use of any school or schools, or library, 
or other school purposes, within their jurisdiction, and they 
shall be and are hereby invested, in their corporate capaci- 
ty, with the title, care and custody of all lands, lots, school Titie, care, etc., 
houses, school libraries, apparatus and other property be- ""^ P''op^'*y- 
longing or appertaining to the common schools of the dis- 
trict, or an 3^ of them, or which may be within their juris- 
diction, with full power to control the same in such manner 
as they may think will promote the interest of schools or 
the cause of education, and not inconsistent with the pro- Additional pow- 

,. . n • . 11 . . 1 • • • • . 1 <• ers of board. 

visions 01 tins act; and when in their opinion it may be for 
the interest of said district, to sell an}- lot or tract of land 
or building belonging to said district, or any part thereof, 
said board may sell and convey the same in the name of the, 
Yol. III.— 2 ^ 



10 SCHOOLS, ETC. ' 

board, and such conveyance, as well as all other convey- 
ances, contracts and assignments of the board, shall be exe- 
cuted by the president and clerk of the board of education 
of Polo school district, and the money of all sales and as- 
signments shall be paid to the treasurer of said board for 
the benetit of schools; and all conveyances of real and per- 
sonal estate and assignments of choses in action which are 
made to said board, shall be made to said board in its cor- 
porate name, and said board may purchase and hold such 
real estate and personal property as may be necessary for 
the establishment and support of schools, and such real es- 
tate as may be purchased under any sale upon execution or 
decree in favor of said board, or in satisfaction of any debt 
due the said board, and at any time thereafter may sell and 
convey the same. 

Indebtedness.' § 9. For the purpose of erecting school houses, purchas- 
ing school house sites, or repairing or improving tlie same, 
or purchasini^ libraries or apparatus, it shall be lawful for 
said board to borrow money at a rate of interest not exceed- 
ing ten per cent, per annum, and issue bonds therefor, in 
sums of not less than one hundred dollars ; which bonds 
shall be executed by the president and clerk of said board 
in the name of the board : Provided^ that the bonds issued 
by said board and outstanding, shall not at any time exceed 
fi\'e per centum of the assessed value of the real and per- 
sonal property of said district. 

§ 10. Said board may also, at any time when they may 
deem it necessary, borrow any sum or sums of money, for 
a time not exceeding one y< ar, and at a rate of i'lterest not 
exceedinu: ten per cent, per annum, to be expended for gen- 
eral school purposes: Provided, that the total amount of 
money so borrowed and unpaid shall not at any time exceed 
three per centum of the assessed value of the real and per- 
sonal property of said district ; and for the payment of the 
moneys so borrowed, the proceeds of the taxes first paid 
into the treasury thereafter, and not specially appropriated 
by lav/, are hereby specifically pledged and sh-iU be applied 
in payment of the sums so borrowed, in preference to any 
other debts. 

ji^gmenis. §11. If any judgment shall be obtained against said 

board, the party entitled to the benetit of such judirment 
may have execution therefor as follows, to-wit : It shall be 
lawful for the court in which such judgment shall be obtain- 
ed, or to which such judgment shall be removed by trans- 
cript or appeal from a justice of the peace or other court, to 
issue thence a writ commanding the board of education and 
treasurer of said district, to cause the amount thereof, with 
ten per cent, interest and costs, to be paid to the party enti- 
tled to the benefit of said judgment, out of any moneys 
unappropriated of said district, and if there be no such 
moneys, out of the first moneys that shall be received for 



SCHOOLS, ETC. 11 



the use of said district, and to enforce obedience to such 
writ by attachment or by mcotdamus^ requiiing paid board Mandamus, 
to levy a tax fur tlie payment of said jodgnient; and all 
legal process, as well as writs to enforce payment of a judg- 
ment, shad be served either on the president or clerk of said 
board. 

§ 12. Said board shall, on or before the first day of Taxation. 
Augii6t in each year, cause to be raised by taxation for 
school purposes, including the payment of any debrs due, 
or during the ensuing jear to become due, from said dis- 
trict, such an amount as they shall estimate will, together 
with available means accruing from other sources, be re- 
quired f'P school purposes in said district for the ensuing 
year, and shall determine, as nearly as practicable, what 
rate per ceut., not to exceed three per cent, unless tlie debts 
to be paid require it, on all the taxable property of t^aid 
district, must be levied to raise the amount so estimated, 
and shall uiake an order therefor, and the clerk shall enter 
the same upon the records ot the board. It shall be the 
duty of the clerk of said board to make out a certitied copy 
of said order, signed by the president of the t)oard and 
attested by the clerk, and within ten days from the passage 
of said order, present the same to the clerk of the board of 
supervisors of Ogle county. The tax so levied by the said 
board of education shall be assessed and collected in the 
same manner, and at the same time, and by the same offi- 
cers, that state taxes are assessed and collected within the 
limits of said distiict, and the proceeds paid to the treasurer 
of said board of education, at'cer deducting therefrom one- 
half the per centage allowed for assessing and collecting 
state taxes. 

§ 13. The said board of education shall transact all schools, 
business which may be necessary in relation to common 
schools in said district. 

jbirst. — They shall establish a sufficient number of com- dumber of. 
mon schools for the education of every person residing in schools. 
said district over the age of five years and under the age 
of twenty-one years, and shall make the necessary provis- 
ions for continuing said schools in operation at least nine 
months in every year. 

Second. — They shall cause suitable lots of ground to be Gronnds and 
procured, and suitable buildings to be erected, purchased, ''"'•^^"'g^- 
or rented for school houses, and shall supply the same with 
fuel, furniture and apparatus, and may cause said buildings 
and other property to be insured, and shall make all other 
provisions relative to schools which they may deem proper. 

Third. — They shall exercise general supervision over the General super- 
common schools of the district, and shall, by one or more of ^^^'°°* 
their number, or by their agent or agents, visit each one of 
said common schools at least once a month while they are 
in operation. 



12 



SCHOOLS, ETC. 



Teachers, etc. 



Learniiu 



Grades. 



District?. 



Director-. 



Officers, agents, 
etc. 



General powerS; 
rights, etc. 



Tea'jhei.-' "iuties 



Stat'irnent 
condition. 



J^'ourth. — They shall appoint all the teachers of said com- 
mon schools, establish rules respecting their qualifications, 
and how the san:.8 shall be determined, fix the amount of 
salary or compensation of each teacher, and may dismiss 
any teacher at any time. 

Ji^ifth. — They may direct \yhat branches of learnins: shall 
be taught, and what books shall be used in each school. 

Sixth. — They shall haye power to establish schools of 
difierent grades, and the rules and regulations for the admis- 
sion of pupils into the same, haying regard to the qualifica- 
tions of the pupils; and they may suspend or expel from 
the schools, any pupil found guilty, on a full examination 
and hearing, of refractory or incorrigably bad conduct. 

Seventh. — They may lay ofi:' and divide said Polo school 
district into local districts, and from time to time alter the 
same, or create new ones, as circumstances may require. 

Eighth. — They may appoint a board of three persons in 
each local district, to be denominated district directors, and 
prescribe, by established rules and regulations, the powers 
and duties of such directors, and remoye them at their plea- 
sure. 

Ninth. — They may appoint such other ofiicers, committees 
or agents as they shall deem best and most conduciye to the 
well being of schools and of school education in said Polo 
school district. 

Tenth. — And generally, they shall haye and possess all 
the rights, powers and authority necessary for the proper 
management of the schools and the school funds, with the 
power to make all such rules, orders and ordinances as they 
may deem necessary to carry their powers and duties into 
eft'ect, and perfect a good system of public instruction and 
common schools in said district. 

^ li. The several teachers of said public schools shall 
keep schedules of the pupils attending the schools, as is 
now required or may hereafter be required of teachers of 
schools i3y law ; and the said board of education shall make 
return and report to the state superintendent of public 
schools, or other proper oflicer, on all such matters and 
things as are or shall be required by law, and the direction 
of such superintendent or other proper officer, of any 
county or township ofiicers, and shall make such other 
reports as persons having the control of public schools, are or 
may be required to make by virtue of any law of this state. 

j^ 15. Said board shall, at the end of each year of their 
term of office, cause to be prepared and published in one 
or more of the iKnvspapers published in the town of Polo, 
a statement exhibiting the condition of schools for the pre- 
ceding year, whioh statement shall be substantially as fol- 
lows, viz : 

Jb iTHt. — The whole number of schools which have been 
taught in said year. 



SCHOOLS, ETC. 13 

♦ 

Second, — What uninber of teachers have been employed 
iu each school, stating the name of each teacher, the time 
employed, and the compensation paid. 

Third. — The whole number of scholars in all the schools, 
o-ivino; the nuniber of males and females in each school 
separately, and the average number m attendance. 

Fourth, — The amount of all the funds received into the 
treasury during the year, and the sources from whence it 
was received, stating the amount received from each source. 

tifth. — The amount paid out, stating in every case for 
what, and to whom, paid. 

Sixth. — The amount and kind of unexpended funds on 
hand at the end of the year. 

Seventh. — A statement of the total amount received, and 
the total amount paid out, for school purposes during the 
year. 

§ 16. Any member of said board who shall appropriate unlawful use oi 
to his own use any of the funds that may come into his ^'^'"^^' 
hands, or under his control, belonging to said district, Ibr 
school purposes, shall be deemed guilt}- of a misdemeanor, 
and upon conviction thereof shall be lined in any sum not 
exceeding live hundred dollars, and imprisoned in the 
county jail not exceeding one year. 

§ 17. All of the territory which, at the time of the pas- included tcni- 
sage uf this act, is embraced in what is called or known as 
the corporate limits of the town of Polo, and all of the 
territory now included in the present school districts num- 
bers two and nine, in said township (23) twenty-three north, 
of range eight (8) east, of the (4th) fourth principal meri- 
dian, shall be included in and constitute a part of said Polo 
school district ; and any tract or tracts of land adjoining 
said district may be annexed to it on condition that three- 
fourths of the legal voters residing within the limits of such 
tract or tracts, shall petition the board of education to be 
annexed to said district, and that their petition shall be 
granted by the unanimous vote of all the members of said 
board. Whenever any territorv shall be so annexed to and 
become a part of said district, ail the provisions of this act 
shall be applicable to it in the same manner as they would 
liave been if it had been embraced within the district at the 
time of the passage of this act. 

§ 18. The provisions of section (16) sixteen of this act Application of 
shall be held to apply to the clerk, treasurer, or any other ^^^*^^"^*'- 
officer or agent elected or jippointed in pursuance of this 
act. 

g 19. Any officer whose duty it shall be to collect the Tax collector, 
taxes levied by or payable to said board of education, shall, 
on the last Saturday of each month, j)ay to the treasurer of 
said board so much of said taxes, after deducting his per 
centage, as he has collected, and not paid previous to that 
time, and for failure to make payments as herein required. 



& 



1^ SCHOOLS, ETC. 

he shall forfeit to said board, for school purposes, his per 

ceiitage for collectinc; the taxes, and two per cent, a month 

on the amount so retained from the time it was due until 

it is paid. 

Assesjmeuti- § -<-^- ^^' ^^^^^'^ ^^ ^1" omissioii in any year to legally 

emission of. assess the school tax levied by said board of education upon 

any real estate or personal propert}'^, within the limits of 

said district, and subject to taxation, the taxes thus omitted 

to be lefljally assessed shall be added to the assessment 

upon the property the following year, and collected and 

paid into the treasury of said board. 

Purchase build- § -^- ^"^^^ ^'^^^^ boai'd of education are hereby author- 

'°gs- ized and empowered to select and purchase a site and erect 

a school buildino- thereon, at a cost not to exceed sixteen 

thousand dollars, and said board of education may borrow 

money for said building purposes, in accordance with the 

provisions of this act. 

^ ^. . S 22. All prior acts or parts of acts inconsistent with 

Conflicting acts , o . . ^ ,> . . , ' , , , , , 

repeaieii. the provisious 01 this act, are hereby repealed ; and ai;y 
act of the general assembly now in force, or hereafter 
enacted, shall not be construed in any manner to repeal, 
alter or change any of the provisions of this act, unless 
such act shall specifically provide for such repeal, alteration 
or change. 

§ 23.^ This act is declared to be a public law, and shall 
take eU'ect and be in force from and alter its passage. 
Appeoyed February 14^ 1867. 



AN ACT lo legalize the assessment of school directors of school district 
Xo. 4, in Old Town township, in the county of McLean, and state of 
Illinois. 

PrPambie. Whereas, the school dircctoi'S of school district No. 1, 

in Old Town township, in the county of McLean, and state 
of Illinois, did levy a tax, according to law, of seventy-five 
cents on each one hundred dollars of all the taxable prop- 
erty in said district, for the purpose of repaiiing school 
house and paying teachers' wages, and extending the term 
of a common school for six months, as by law now required ; 
and, whereas, by mistake, the proper returns were not made 
to the county clerk in time to have the same legally exten- 
ded on the collector's book ; therefore, 

Section 1. JJe it enacted hy the Peojjle of the State of 
Illinois^ rejrreiiented in the Geiieral Assembly^ That the 
Ac;«e.s3meMt.s of assessmcut and levy of a tax made by the directors of 
is66^^ie;rai and g^j^^,^] ^jjgtrict No. 4, in Old Towu towuship, in McLean 
county, for the year one thousand eight hundred and sixty- 
six, of seventy-tive cents on each one hundred dollars of all 



SCHOOLS, ETC. 

the taxable property in said district, for school purposes 
therein, be and the same is hereby made and declared valid 
in law, and the county clerk of said McLean county is 
hereby authorized and required to extend the same imme- 
diately on the collector's book of the said Old Town town- 
ship, to be collected and paid over as though no error had 
been made by said directors. 

§ 2. This act shall be deemed a public act, and shall 
take etFect and be in force from and after its passage. 

Appkoved , 1867. 



15 



Immediate 
tension. 



AN ACT to legalize certain proceedings of the school trustees of town- 
ship 16 north, range 9 east, in Bureau county, state of Illinois, and of a 
certain school district therein. 



In force Jaa'y 
29, 1867. 



Whereas, doubts exist whether the proceedings ol the Pi^eambie. 
school trustees of township 16 north, range 9 east, in the 
county of Bureau, and state of Illinois, in forming said town- 
ship into a district for high school purposes, are strictly regu- 
lar and valid; and, whereas, said district has been organized 
for the purposes aforesaid, contracts have been entered into 
for the building of a high school in said district, and the direct- 
ors thereothave levied taxes for the year 1866, for the purpose 
of complying with such contracts, in accordance with the 
expressed wishes of the taxable inhabitants of said district ; 
and, whereas, a valuable school building has been erected 
therein for said high school purposes. 

Section 1. Be it eiiaoted by the Peoph of the State of 
Illinois^ re-pvesentel in the General Assembly^ That all the Acts legalized, 
acts and proceedings of the school trustees of township 
sixteen north, range nine east, in the county of Bureau, 
and state of Illinois, in forming said township into a district 
for high scliool purposes, and all the acts and proceedings 
of the directors of said high school district in contracting 
fur the building of a high school in said district, purchasing 
a site therefor, and in levying and causing taxes to be ex- 
tended up )n the books of the collector of said township for 
the year 18^6^ and in organizing, said high school district, 
be and the same are hereby legalized, and that all pro- 
ceedings unxy be had in the same manner as it the said 
above mentioned acts had been strictly regular and valid. 

§ 'J. All contracts or bonds heretofore entered into or ^°""'*^*'' ^*^^'^- 
issued by said directors, or that may be hereafter entered 
into, issued or continued and ratitied by the successors in 
office of said directors, for the purpose of building said 
high school, purchasing a site therefor, and of paying any 
indebtedness contracted or arising therefrom, be and the 



16 



SCHOOLS, ETC. 



same are hereby legalized and confirmed, and shall be en- 
forced against said high school district, or its successor, 
Princeton high school district, according to the terms and 
conditions of such contracts or bonds. 

)^ 3. This act shall take effect and be in force from and 
after its passage. 

Approved January 29, 1867. 



In force Feh'v 

5, i^^e:. 



Designation. 



Board of (^.Jaoa- 
tion. 



First boaril. 



Organi%aiion. 



Officers. 



Term of oflQce. 



AN ACT to incorporate tlie Princeton High School District. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, reirresented in the General Assembly^ That all the 
territory now included within the boundaries of the town- 
ship of Princeton, in the county of Bureau and state of Illi- 
nois, together with such territory as may be hereafter added 
thereto, be and is hereby established a common high school 
district, to be known as the "Princeton High School Dis- 
trict." 

§ 2. The government, care and superintendence of the 
public high schools within said district, and of the funds 
and estate, both real and personal, belonging to, and which 
may be hereafter acquired by or conveyed to said district, 
shall be vested in a board of education of said high school 
district. 

^ 3. The following named persons, to-wit : John H. 
J^ryant, Flavel Bascom, Jacob Chritzman, Mathew Trimble 
and George O. Ide, shall compose the first board of educa- 
tion of said high school district, until their successors are 
duly elected and qualified as hereinafter provided. It shall 
be the duty of said persons or a majority of them, to assem- 
ble within sixty days after the passage of this act, at the 
court house in said Bureau county, and organize as such 
board of education by electing one of their number presi- 
dent, and one as clerk of said board. They shall appoint a 
treasurer of said high school district, and shall have all the 
powers, and be governed in all other respects by the provisions 
of this act, so far as the same may be applicable. The said 
persons, or a majority of them, shall have power to fill va- 
cancies in their number occasioned by declination, disquali- 
fication, resignation, death, or removal from said high school 
district. 

^ 4. The persons composing said board of education, 
provided for in the third section of this act, shall hold their 
office as follows : two of them until the first Tuesday of 
June, 1868, two until the first Tuesday of June, 1869, and 
the fifth nntil the first Tuesday of June, 1870. The re- 
spective terms of office of the members of said board ap- 



SCHOOLS, ETC. 17 



pointed and provided for as aforesaid, shall be determined 
by thein at their first meeting by casting lots. 

§ 5. On the first Tuesday of June, 1868, and on the Elections, 
first Tuesday of June annually thereafter, an election shall 
be held to elect successors to tliose members whose terms of 
office are then expiring, and to fill all vacancies, if any, 
occurring in said board, durino- the preceding year. The 
persons elected at such annual elections shall hold their 
otHces for three years, or until the expiration of the unfin- 
ished terms which they have been elected to fill, as the 
case may be. 

§ 6. The said board of education, or the remaining Powers of board 
members thereof, shall have power to fill, until the ensuing 
annual election in said high school district, all vacancies in 
said board occasioned by death, resignation, disqualification, 
failure to elect, or removal from said district, and to fill by 
appointment, vacancies among the officers of said board 
occasioned by any of the causes aforesaid. The members 
of said board, and the treasurer appointed by them, shall, 
previous to entering upon their official duties, take an oath, 
in addition to those prescribed by the constitution of this 
state, faithfully and impartially tu discharge the duties of 
their respective offices to the best of their abilities. 

§ 7. Notice of such annual elections shall be given by Notice of eieo- 
the clerk of said board by posting w^ritten or printed notices ^"^"" 
of the time, places and objects of such elections in three of 
the most public places in said district, at least ten days be- 
fore such elections are held, and also by publishing a simi- 
lar notice in some newspaper published in said district, by 
one insertion at least one week previous to the day of elec- 
tion. Said elections shall be held at the usual place for 
holding general elections in said township, and shall be by 
ballot. The president of said board, and two members 
thereof, to be selected by said board, shall be judges, and 
the clerk of said board clerk of such elections ; but if any 
of said officers shall fail to attend, or refuse to act, the elec- 
tors assembled shall, viva voce^ choose three judges and a 
clerk of the election. A poll book shall be kept by the 
clerk, registering the names of the voters, and the persons 
receiving the highest number of votes shall be declared 
elected. In case of a tie in any election, the judges of elec- 
tion shall decide the same by casting lots on the day of 
election. Elections shall be opened at the hour of ten 
o'clock A. M., and closed at the honr of five o'clock p. m. 
The judges and clerk shall certify to the board of education 
the names of the persons so elected members of said board, 
the term for which they were elected, and the number of 
votes each person voted for received, and shall return their 
certificate and said poll book to the said board within ten 
days after such election. 

Yol. III.— 3 



18 SCHOOLS, ETC 



Name, powers § S. Said boai'd of education is hereby created a body 
and privileges, (.(.^p^^j.^^g r.^^^ politic, by thc iiaiiie of the "Board of Educa- 
tion of the Princeton High School District," and by that 
name may sue and be sued, plead and be impleaded, an- 
swer and be answered unto, in all courts and places, con- 
tract and be contracted with, and have perpetual succession 
and a common seal, and the same may alter or change at 
pleasure. Said board may exercise, in the furtherance of 
the objects contemplated by this act, all the powers confer- 
red on school trustees of townships or boards of directors 
of school districts, by any law now in force, or that may be 
hereafter enacted. Said board shall have power to receive 
and hold, in their said corporate name, all real and personal 
property that may be conveyed, given or devised to it for 
said district, and in the said corporate name to dispose of 
and convey the same, for the benefit of said district. All 
conveyances of real estate made by said board shall be exe- 
cuted and acknowledged by the president of said board, 
and attested by the corporate seal and by the signature of 
the clerk : Providea^ tiiat all such conveyances shall be 
authorized by a resolution of said board : And^ provided, 
further, that all sales and conveyances of school houses, 
buildings and grounds appurtenant thereto, shall be first 
determined by a majority of the votes cast by the electors 
of said district, upon the submission by said board of the 
question of such sale at an annual election, due notice hav- 
ing been first o-iven as provided in section seven of this act. 

High school. ^ 9. Said board of education shall have the following 
additional powers : 
^ First. — It shall have power to establish, maintain and 

regulate a high school, w^ith the necessary departments, 
within said district. 

Qualifications Second. — To prescribe, by regulations, the qualifications 
for admission, for admission into said high school and its respective de- 
partments, of persons residing in said district, free of charge 
for tuition therein, and also to provide for the admission 
into the same of persons residing without said district, upon 
such terms and payment for tuition as said board shall 
regulate. 

Custody of prop- Tliird. — To have the custody and control oi" all high 
*'"^- school property in said district. " 

I'ourth. — To erect, hire or purchase buildings suitable 
for the purposes of such high school and its necessary de- 
partments. 

Buy and lea-se Fijth. — To buy or Icasc sitcs for such high school and its 
"^^' departments, with its necessary grounds. 

Grounds, etc. SixtL — To purchasc, lease, control, adorn and improve 
play grounds or parks adjacent to such high school or its 
necessary departments. 

Furniture, etc. kSeventk. — To furnisli said high school and its departments 
with necessary fixtures, furniture, books, apparatus and 



SCHOOLS, ETC. 19 

libraries, and to provide for the proper care, protection and 
maintenance of the same. 

Eighth. — To employ teachers, determine their duties and Teachers' dutie« 
iix the compensation to be allowed them from time to time, 
and at any regular or special meeting, all the members of 
said board being present at such special meeting, to dismiss 
such teachers or any of them, ii.)v gross immorality, incom- 
petency, or other adequate cause. 

Ninth. — To direct what studies and branches of learning Branches, 
shall be taught, and what text books shall be used in said 
high school and its several departments. 

Tenth. — To establish departments or different grades in Grades- rules 

,,,,,, , S n 1 " 1 and regulations 

said high school, and to make all necessary rules and regu- 
lations for the admission and advancement of applicants 
and pupils, and for the government of said high school and 
its departments; to suspend or expel pupils guilty of refrac- 
tory, disobedient or immoral conduct, or possessed of any 
infectious or contagious disease. 

Eleventh. — To appoint agents and servants to execute Agents, etc 
any matter conducive to the interests of said high school 
district, consistent with this act, and for their services to 
pay them such reasonable compensation as said board shall 
fix. 

Twelfth. — For the purpose of building a high school and Borrow money. 
other school buildings, and additions thereto, for the use of 
said high school district, and of repairing and improving 
the same, and purchasing real estate for such buildings, 
libraries, apparatus and other objects contemplated by this 
act, or of paying indebtedness contracted therefor, it shall 
be lawful for said board to borrow money, at a rate of inte- 
rest not exceeding ten per cent, per annum, and to issue interest-bonda 
bonds therefor in sums of not less than one hundred dollars, 
which bonds shall be signed by the presicient and attested • 
by the clerk and seal of said board. 

§ 10. Said board of education* shall have full power, ludebtedness. 
and it shall be its duty, to determine the amount of money 
needed to maintain said high school and its departments, 
and to pay all expenses of said district, of every descrip- 
tion, for each school year, and to determine the amount of 
money needed at any time lor the purposes of purchasing, 
leasing or improving grounds for said high school objects, 
or of purchasing, leasing, building, finishing, repairing, 
improving or extending their said school houses, or of pro- 
curing furniture, libraries and apparatus, or of paying the 
indebtedness of said high school district. Said board shall 
have full power and authority to levy taxes upon all the 
taxable real and personal property in said district, for the 
purpose of raising said amounts so determined by it. Said 
board shall designate the amount of money required for 
the maintenance and expenses of said high school and its 
departments for each school year, as aforesaid, ^'school school tax. 



•JO SCHOOLS, ETC. 

tax ; '' and the amount required for any of the other pur- 
})oses epecitied in this section, said board shall designate 
" school house tax." it shall be the duty of said board to 
ascertain, at any meeting prior to the second Monday of 
September, annually, the rate per cent, upon the assess- 
ment of real and personal property in said high school dis- 
trict for state and other purposes for that year, needed to 
be levied to raise the amount of "school tax" determined 
upon, and what rate per cent, upon the same will be 
School hou«e needed to raise the amount of "school house tax" deter- 
^ax. mined upon : v/hich rate or rates shall be certified by the 

Certificates. president and attested by the clerk of said board, and 
returned to the clerk of the county court of said Bureau 
county on or before the second Monday of September, 
annually. The certificate or certificates so made may be in 
the following form, as near as maybe: "The board of 
education of the Princeton high school district requires the 

rate of per cent, on the dollar to be levied on the 

taxable property- of said district, for the year , for the 

purpose of school tax, (or school house tax, as the case may 

be.) Dated this day of — —, IS — . A. B., presi- 

cierkofcountT dcut. Attcst I C. D., clcrk." It shall be the duty of the 
court, duties of (jlerk of Said county court to extend the tax or taxes so 
certified to him in one columm, under the name of "high 
school tax,'' according to said rate or rates upon the book 
for that vear of the collector of taxes for the territory em- 
braced in said high school district; and the said taxes shall 
be collected as other taxes are or may be, and, w^hen col- 
lected, shall be paid over, on demand, to the treasurer of 
said district. The said county clerk and collector shall 
receive for their services the same compensation as now is 
or njay be provided ibr extending and collecting district 
school taxes. It is, how^ever, provided that the rate to be 
levied in any one year for school tax shall not exceed three 
per cent, on the assessed valuation of the taxable property 
of the said district, and that the rate to be levied in any one 
year for school house tax shall not exceed five per cent, on 
said valuation. 
Myelin;:*. § 11. Said board of education shall hold regular meet 

ings once in each month, at such time and place as shall be 
designated by the rules of said board. Said board shall 
make, from time to time, all needful rules and regulations 
for its own government and that of all officers, teachers 
and agents elected or appointed by said board, and for the 
custody, control, care and management of the school's 
funds and prr)peri"y belonging at any time to said district. 
Officers. ji 12. Said board shall, annually, at its stated meeting 

in July, elect a president and a clerk, both of whom shall 
be members of said board, and who shall hold their offices 
for one year. Said board shall also, at said meeting, ap- 
point a treasurer nF said high school district, who shall not 



SCHOOLS, ETC. 21 

be II member of said board, and, who shall hold his oiiice 
during the pleasure of said board. The president shall 
preside at all meetinsjs, and perform all other duties 
required by the ru-les of said board. The clerk shall record 
the proceedings of all meetings, the result of all elections 
held under this act, and the rules and regulations of said 
board. The said record shall be signed by the president 
and attested by the clerk ; and the same, or certified copies 
thereof, under the hand of said clerk and the seal of said 
board, shall be ])Tima Jacie evidence of 'the proceedings ot 
said board in all courts and places. Said board may ad- Adjournments 
journ from time to time, and the president, or any two me^eting^s!^'*^ 
members thereof, may call special meetings, at such times 
and in such manner as the rules of said board shall pro- 
vide. Three members of said board shall constitute a Quorum. 
(quorum for the transaction of business. In the absence of officers, pro tem 
the president or clerk, the board may appoint a president 
or clerk p^'O tem. 

§ 13. Said board of education may make such rules Treasurer's du- 
concerning the duties of the treasurer, and the disposition ^'^^— ^""^^3- 
of the funds and other property in his custody, as are not 
inconsistent with this act. 

§ 14. The treasurer of said high school district shall Powers of. 
execute, within ten days from his appointment, a bond, 
with two or more good and sufficient sureties, to be approved 
by said board, which bond shall be tiled and recorded by 
the clerk, shall be made payable to said board in a penalty 
to be fixed by said board, and conditioned tliat he will 
safely keep, and, from time to time, pay over, upon the 
order of said board, all moneys and eftects which shall 
come into his hands or under his control as such treasurer, 
and will deliver over to his successor in office all books, 
papers, securities, property and moneys remaining in his 
liands, and belonging to said district, and will faithfully 
discharge the duties of his office according to law, and the 
rules made by said board from time to time. It shall be 
the duty of said treasurer to receive and keep all moneys 
due and payable to said district. He shall keep an accurate 
account of all moneys received and paid out by him, in a 
record to be kept for that purpose, and shall pay out no 
moneys or other efiects excepting on the order of said 
board. He shall retain vouchers lor all monej's so paid 
out, and shall receive u[)on all moneys paid out on such 
orders a fee, to be fixed by said board, not exceeding two 
per cent. He shall settle his accounts with said board at 
the August meeting in each year, and shall produce his 
books and papers to said board whenever required so to do. 
All orders on said treasurer shall state for what purpose 
issued, shall be signed by the president, and registered and 
attested by the clerk of said board. 



22 SCHOOLS, ETC. 

otiaiified mem- § 15. No persoii shall be eligible to serve as a member 
Ws of board. ^3^''said boarcl, or to vote at any election provided for in 
• this act, or to act as judge or clerk of sucb election, unless 
he shall be a resident of" said district, and have the cjualifi- 
cations of an elector at township elections. 
Succes'or< of ^ 1^>- The Said board of education is hereby made the 
^directors' of guccessors in office of the directors of the high school dis- 
diftdct. ^^'^^''''^ trict orcranized in the said township of Princeton, and 
known \y the name of "The High School District of 
Princeton;" which said last named district is hereby 
- - mero-ed in the hio-h school district created by this act. All 
simple. hio'h school buildings, property and real estate belonging 

to^said hio:h school district of Princeton are hereby con- 
veyed to and vested in said board of education and its 
successors in office, in fee simple, for the purposes contem- 
plated by this act. It is hereby made the duty of the 
trustees of schools of said township to execute and deliver 
Conveyances of to Said board of education all conveyances requisite to per- 
tities. fgQ|-^ iQ gaid board of education, the title to all real estate 

now held in trust by said trustees for the said high school 
district of Princeton. 

4 IT. The said board of education shall have power, 

Contracts. S . . 1 1 t .1 i_-x- i I 

and it is hereby directed, to ratity, assume and carry out 
all contracts made and entered into by said directors, on 
behalf of said district, for building and other school ob- 
jects, and, for the purpose of executing such contracts, shall 
levy taxes and issue bonds as provided in this act. 

^ 18. Nothing in this act shall be construed as affecting 
the present organization of the common school districts in 
said township',^ or the control and conduct of the same 
under the general laws of this state. 

§ 19. this act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved February 5, 1867. 



In force ?"eb'y AX ACT to chaii-ic the boundaries of a certain school district therein 
'' '* named. 

Section 1. Be it enacted hy the People qf the State of 
Illinois^ represented in the General Assembly^ That the 
Bounrjario?. south-cast Quartcr of section number twenty -four, (24,) the 
east half and east half of the south-west quarter of section 
number twenty-live, (25,) and the east half and east half 
of the west half of section number thirty-six, (86,) in town- 
ship number ten, (10,) north of base line in range number 
eight, (8,) east of the tliird principal meridian, in Cumber- 
land county, Illinois, is hereby attached to township num- 



SCHOOLS, ETC. 23 



ber ten (10) north, range number nine (9) east, in said 
county of Cumberland, for all school purposes, and shall 
be in and form part of school district number eight, (8,) in 
said last-mentioned township, for. all school purposes, until 
otherwise changed according to law. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved February 9, 1867. 



AN ACT to amend an act incorporating Marion School District, in William- ^^ g^^^igef*^'^ 

son county. ' 

Section 1. Be it enacted by the People of the State of 
Illinois^ rejyresented in the General Assembly^ That so Part of section 
much of the Urst section of an act entitled "An act to estab- ^^^^^ 
lish the Marion School District, in Williamson county," 
approved February the 16th, a. d. 1857, as incorporates 
w^ith the said Marion school district the southeast quarter 
and southwest quarter and northwest quarter of section 
twenty-three, in township nine south, of range two east of 
the third principal meridian, be, and it is hereby, repealed, 
and the said quarter sections are to be omitted from the ^^^l^^^ Jl°^ 
said Marion school district, and become subject to the con- 
trol of trustees of the township in which they are located, 
as though they had never been incorporated with said 
Marion school district. 

Approved February 9, 1867. 



AN ACT to amend an act to incorporate tlie Rock Island School District, ^° ^is'^isof.^^'^ 
approved February 18, 1857, and the several acts amendatory thereto. 

Section 1. Beit enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the Act amended. 
act incorporating Rock Island School District, approved 
February 18th, 1857, 1^ so amended that the board of edu- 
cation of said district shall, in addition to the powers con- 
ferred upon them by the act to which this act is an amend- 
ment, have power to borrow money at a rate of interest not 
exceeding ten per cent, per annum, to be exclusively ex- 
pended in purchasing school house sites, erecting school 
houses, or in repairing or improving the same, or for the 
payment of any indebtedness incurred for such purposes : 
Provided, That any indebtedness so incurred shall be paid 
within live years from the date of its contraction, and shall 



24 



SCHOOLS, ETC 



Special taxes. 



Election of 
board of edii- 
catioa. 



Vacancies. 



Office tenure. 



not exceed such a sum as, in the opinion of said board, can 
be paid from the proceeds of special taxes^ to be levied as 
hereinafter provided. 

The said board of education shall, in addition to 



Admission 
pupils. 



of 



Money borrow- 
ed and tax lev- 
ied, etc. 



^2. 



powers heretofore conferred, have power to levy a special 
tax upon the property of said district, subject to taxation, 
not to exceed one per cent, in any one year, for the exclu- 
sive purpose of purchasing school house sites, erecting 
school houses, or repairing or improving the same, or for 
the payment of any indebtedness incurred for such pur- 
poses. The taxes authorized by this section shall be levied, 
assessed, collected and paid into the treasury of the board 
at the same time and in the same manner as the other school 
taxes of the district. 

§ 3. The annual election of the board of education of 
Rock Island school district shall hereafter be held on the 
last Tuesday of June in each year. At the next regular 
election for members of the board of education all vacan- 
cies then existing in said' board shall be filled by election in 
the usual manner; and there shall also be elected two other 
members of said board, and thereafter said board shall 
consist of five members ; the two members of said board 
whose term of oflice shall not have expired at the next 
election, shall remain in ofiice for one year from and after 
said regular elections, and the remaining three members of 
said board shall select by lot two of their number who shall 
hold ofiice for two years from and after said election, and 
the one remaining shall hold office for three years ; and 
thereafter members of the board shall be elected and hold 
office for three years : Provided^ That in case of elections 
to fill vacancies occasioned by death, removal or resignation, 
the person elected shall only succeed to the unexpired term 
of the member whom he succeeds. 

§ 4. The board of education shall not be required to 
admit into the schools any children adapted to the lowest 
classes in tlie primary rooms, except during the first week in 
each month. 

§ 5. This act shall take efiectfrom and after its passage, 
and shall be a public act ; but no money shall be borrowed 
or tax levied under this act until after the next regular 
election for members of the board. 

Approved February 18, 1807. , 



SCHOOLS, ETC. ^', 



AX ACT to define a scliool district therein named. In force Feb'y 

20, 1867. 

Section 1. Be it enacted hy the People of the State oj 
Illinois^ rejpresented in the General Assembly^ That district sohooi distd.-t 
No. four (4), in township No. four (4:) south, of range six '^^^'"®'^- 
(6) east, in the county of Hamilton, be, and the same is 
hereby, composed of sections 13, 14, 23 and 24, in said 
township No. four (4) south, of range six (6) east, and as 
such district shall be subject to all the provisions of the 



general school law of this state : Frovided^ that the board 
of trustees of said township shall have power, whenever p 



they may deem it advisable so to do, to add to said district 
sections one (1) and twelve (12), in said township ; but shall 
have no power to alter or change the boundaries of said 
school district in any other respect whatsoever. 

§ 2. This act to be in force from and after its passage. 

Approved February 20, 1867. 



Powers of trus. 
tees. 



AN ACT to unite so much of township twenty-one north, range two eaft in force April 
of the fourth principal meridian, as lies in Rock Island county, with 19, 18C7. 
township twenty north, range two east of said meridian, in said county, 
for school purposes. 

Section 1. Be it enacted hy the People of the State of '" 
Illinois, represented in the General Assembly, That so much Attached for 
of township twenty-one north, range two east of the fourth pose?/ ^'"' 
principal meridian, as lies in the county of Kock Island, in 
this state, be and the same is hereby attached to township 
twenty north, range two east of said fourth meridian, for all 
school purposes. 

Approved February 19, 1867. 



AX ACT 10 amend an act entitled "An act to incorporate the Kankakee in force FeVi'r 
School District," approved February 16, 1865. 22, 1867. 

Section 1. Be it enacted by the People oj- the State ojf 
Illinois, represented in the General Assembly, That the indebtednes?. 
board of education may issue bonds in conformity with the n^anSn. " 
provisions of said act, to the amount of thirty thousand 
dollars ; but that the bonds issued by said board and out- 
standing, shall not at any one time exceed that amount. 

§ 2. That all of that portion ol township number thirty- Town«hip» ex- 
one (31) north, of range number twelve (12) east of the "Shaded. 
Yol. III~4 



2(5 SCHOOLS, ETC. 

third principal meridian, which lies on the west side of the 
Kankakee river, be and the same is hereby excluded from 
said -chocl district. , -, , 

Officers' duties ^ 3. That instead of filing separate schedules or copies 
thereof with the township treasurers, as required by section 
nuiiiber seven of said act, the president and clerk of said 
board may make and tile with each of the said township 
treasurers a certificate, stating the number of scholars 
attending school, the grand total number of days of attend- 
ance and the average daily attendance of scholars in the 
schools from said townships, respectively ; and the trust( es 
of schools of said townships shall distribute a 'pro rata 
share of the state, county and township school funds to said 
district, upon tl\e attendance mentioned in said certificate, 
the sain'e as provided for in said section, upon said schedules; 
and this amendment shall not prevent said district from 
... receivino- a??ro rata share of the funds upon the number of 
"' children under twenty-one years ot age, or upon any other 
basis that may be hereafter required by law. 
Acts repealed. § 4:. All p'rior acts or parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

§ 5. This act is declared to be a public law, and shall 
take effect and be in force from and after its passage. 

Approved February 22, 1867. 



In force Feb'y AN ACT to amend an act entitled "An act to establish and regulate a sys- 
22,1867. tem of public schools in the city of Bloomington," approved February 

16, 1857. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That the act 
entitled "An act to establish and regulate a system of pub- 

tmendedf'' lic schools in the city of Bloomington," be and the same is 
hereby amended as follows : 

Powers ^ 2. That in addition to the power and authority vested 

in\he board of education of the city of Bloomington, by 
the act to which this is an amendment, and the former 
amendment thereto, and for the purpose of enabling said 
board to purchase proper sites tor school houses, to erect 
suitable buildings thereon, and to finish and furnish all of 
their school houses in a proper manner, the said board of 
education shall have the power to and they are hereby 
vested with the authority following : 

indebtednesa. § 3. To issue bonds of such denominations and in such 
sums as they may deem proper, not to exceed, in the aggre- 
gate, the sum of one hundred thousand dollars, bearing 
mterest, payable annually or semi-annually, at a rate not 



SCHOOLS, ETC. 27 

to exceed ten per cent, per annum -^ said bonds to be made 
payable not less than live years nor more than twenty years 
from their dates, respectively, and not to exceed ten thou- 
sand dollars of said bonds shall be made payable or fall 
due in any one year. 

§ 4. That each and all of said bonds so to be issued as officers' duties. 
aforesaid, shall be made payable to the order of some par- 
ticular person therein set forth and named, and shall be 
executed by the said board of education, under their seal, 
by and through their president and secretary, and shall 
also be countersigned by the treasurer of said board, and it 
shall also be the duty of said secretary and treasurer each 
to keep in a book provided for that purpose, an accurate 
list of all bonds so issued, with a full description thereof. 

§ 5. On any year hereafter, when the principal of any Taxes, etc. 
series of said bonds shall fall due, or on any year when the 
interest upon said bonds shall accrue to a larger amount 
than there shall be funds in the hands of the treasurer of 
said board to pay from the present tax now authorized 
to be levied by law, the said board of education shall, in 
their annual report preceding the falliug due of said bonds, 
or the accruing of said interest, (as provided for in section 
eight of the act of which this is amendment) certify to the 
cily council of said city the amount so to fall due and be- 
come payable by the maturity of said bonds, or the accru- 
ing of said interest, in addition to the other expenses, and 
moneys to be raised by tax, and reported to said council, as 
provided in said section eight of said original act, and the 
said city council shall thereupon proceed to levy a tax suf- 
Hcient to meet the amount so to fall due by the maturity of 
said bonds, or the accruing of said interest, in addition to 
the amount now authorized by said original act and an 
amendment thereto, to be levied and collected : Provided, 
that the additional tax authorized to be levied and collect- 
ed by this act shall not exceed, in any one year, one cent, 
on the dollar of all the taxable property of said city, and 
the said^ additional tax shall be collected, paid over, and 
treated in all respects in the same manner as other taxes 
levied for school purposes by said city, as provided for in 
said original act and the said amendment thereto. 

§ 6. All the real estate, buildings and property of said Property, etc., 
board of education in said city shall be liable for the pay- meato^boStfs" . 
ment of said bonds and the interest thereon, and the sa'id 
bonds shall be and become a lien upon said real estate from 
their date, and in the order in which the same are issued, 
and shall so remain until the full payment thereof. 

§ 7. This act shall take effect and be in force from and 
after its pas-age. 

Approved February 22, 1867. 



28 SCHOOLS, ETC. 

In force March AN ACT to authorize Union school district No. 5, in the town of Man- 
^5 1S6"' tcno, Kankakee county, to borrow money to build [a] school house. 

Section 1. Be it enacted by the People of the State of 
Illinoi% represented in the General Asserahly, That the 
jLmouni-wheu boai'd of directoi'S of Ilnion school district j^o. (5) live, in 
Sf^hlti^t"^^ the town of Manteno, (town 32, range 12,) in Kankakee 
county, state of Illinois, are hereby authorized and empow- 
ered to borrow money, in a sum or sums not exceeding six 
thousand dollars in total amount, and to issue bonds there- 
for, payable at such time and times, not exceeding ten years, 
as they may deem best, and drawing a rate of interest not 
exceeding ten per cent, per annum, for the purpose of erect- 
ing, completing and furnishing a new school house for said 
district. 
speciait^x. § 2. The scho<jl directors of said school district are 

hereby authorized and empowered to levy, or cause to be 
levied, on the taxable property of said district, a special 
tax of not exceeding five mills on the dollar valuation, for 
the purpose of paying the interest on said indebtedness ; 
the said special tax to be collected in the same manner as 
other taxes are collected, and to be paid over to such per- 
son or persons as the said directors may direct, 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 9. 1867. 



In force March ^>; ^^CT to cstablisli the school district of Blandiusvillc, McDonough 
' county. 

Section 1. Jje it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
town of Blandinsville, McDonough county, as now defined 
by corporate limits, be and the same is hereby established 

Name. a school distHct, to be known as Blandinsville school dis- 

trict. 

Additions. p 2. The trustccs of schools of the townships of Blan- 

dinsville and Hise, or either of them, may from time to 
time, make such additions to said school district as to them 
or either of them may seem desirable, the written consent 
of the school directors of said Blandinsville school district 

Alteration of having bccu first obtained, but no alteration in the bound- 

boundanes. ^ry of Said schoo] district shall be made without such con- 
sent. 

§ 3. This act shall be in force from its passage. 
Approved March 1, 1867. 



'? 



SOHOOLS, ETC. 29 



AN ACT to incorporate the Augusta School District. In f'oice March 

5, 1867. 

Section 1. Be it enacted by the Peojple of the State of 
Illinois^ represented in the General Assembly, That all that lioundaries. 
district of country embraced within the following bounda- 
ries, to- wit : Beginning at the north-east corner of the south- 
east quarter of section thirteen (13), in township three (3) 
north, and range five (5) -west of the fourth (4) principal 
meridian, in Hancock county, Illinois, and running thence 
west on the half section line to the centre of section four- 
teen (14), in the township and range aforesaid, thence north 
(»n the half section line to the centre of section eleven (11), 
in the township and range atoresaid, thence west to the 
one-eighth sectional corner on the north side of the south- 
west quarter of section ten, in township and range afore- 
said, thence south to the south line of said section ten, 
thence west to the south-west corner of said section ten, 
thence on section line to the south-east corner of the north- 
east quarter of section sixteen, thence west to the center of 
said section sixteen, thence south to the one-fourth sectional 
corner on the north line of section thirty-three (33), in the 
township and range aforesaid, thence east on section line 
to the county line between the counties of Hancock and 
Schuyler, thence north on said county line to the place of 
l)eginning, is hereby constituted a ]5ermanent school dis- Permauenf 
trict, by^the name of the "Augusta School District," by j,'^'^e°* '^^'*"'^' 
which name it shall be capable of suing and being sued. Powers, 
contracting and holding real and personal estate, and have 
such other general powers as the directors of schools shall 
or may have by law. No territory shall be taken there- 
from, except by act of the legislature. 

§ 2. The board of directors, in whom the powers of the Board of duec- 
corporation hereby created are vested, shall consist of three *°^^'"* 
members, two of whom shall constitute a quorum to do Quorum, 
business, and the present board of directors of school dis- 
trict number two, in township three north, of range five 
west, aforesaid, shall constitute the first board of directors First board, 
under this act ; and all vacancies occurring in said board 
shall be tilled in the manner prescribed by the general 
school law of the state. 

§ 3. The board of directors shall have power to demand Po^^'ers of di- 
and receive from the trustees of schools of township three 
(3) north, range five (5) west, aforesaid, and from the trea- 
surer of said township, such portion of the interest of the 
school fund, and of such other funds as said district is now, 
or hereafter may be by law entitled to receive, b}^ deliver- 
ing to said treasurer a semi-annual statement of the number 
of teachers, male and female, employed in said schools, of 
the salaries paid said teachers, of the number of pupils, 
male and female, enrolled, and the aggregate attendance of 



30 



SCHOOLS, ETC. 



the same ; and to furnish such other statistics as the school 
law of the state may require. 

§ 4. The board of directors of said district shall have 
power — 

I^irst. — To buy grounds and sites for school houses. 

Second. — to hire, purchase or erect houses and buildings 
to be used for school purposes, and to keep the same in 
repair. 

Third. — To furnish schools with the necessary fixtures, 
furniture and apparatus. 

fourth. — To graduate the schools into primary, interme- 
diate and high departments, to fix the studies to be taught 
in each department thereof, and to prescribe the books to 
be used. 

Fifth.- — To employ and fix the compensation of teachers, 
and to maintain, support, establish and carry on public 
• schools therein for as many months in the year, not less 
than six months, as they may deem proper. 
Borrow money. SixtL — To borrow monc}^, and also to levy annually and 
have collected in the same manner as other school directors, 
for school purposes, a tax not exceeding one dollar on the 
one hundred dollars assessed valuation of all the taxable 
property in such districts as subject to taxation therein. 



Ground sites 
Bi;ildings. 



Furniture, etc. 



Departments. 



Compensation 
of teachers. 



Rules, etc. 



Seventh. — To adoot such rules and reoulations concern- 



Admission of 
pupils. 



Additions. 



ing schools, not inconsistent with this act, and tiie general 
school laws of the state, as they may deem expedient. 
General powers. Evjhtli. — And generally to have all the powers conferred 
by law upon directors of schools, as necessary to carry any 
of the foregoing powers into eflect. 

§ 5. They may admit pupils without such district to the 
public schools thereof, upon such terms and conditions as 
they may prescribe, and shall have power to require a tui- 
tion fee for the admission of pupils to such schools, in addi- 
tion to the public money they may collect. 

§ 6. Any person being the owner of land and residing 
thereon, within one mile of and adjoining said district, may, 
with his written consent, and that of two of the trustees of 
said township three (3) north, range ^nq (5) west, be an- 
nexed to said district, upon such terms as the directors 
thereof may impose. 

§ 7. All property and buildings belonging to school 
number two (2), in township three (3) north, five (5) west, 
aforesaid, are hereby vested in the school district hereby 
created, and all laws concerning public schools, not incon- 
sistent herewith, shall apply to Uie district hereby created. 
Special taxes. § 8. The Said directors shall have power to levy a spe- 
cial tax for the purpose of erecting school buildings, when- 
ever authorized to do so by ihe legal votes of said district, 
at any election, not exceeding one dollar on the one hun- 
dred dollars assessed valuation of all taxable property in 



Vested prop 
erty. 



SCHOOLS, ETC. 31 



said district, said taxes to be collected in the same manner 
as otlier school taxes. 

§ 9. This act is hereby declared a public act, and shall 
be in force from and after its passage. 

Approved March 5, 1867. 



AN ACT in reference to the Reform School of the city of Chicago, state In force March 

of Illinois. 5' ^^^^• 

Section 1. Be it enacted hj the Feojyle of the State of 
Illinois^ represented in the General Assembly^ That war- Warrants for 
rants for commitment of any child to the Chicago Reform commitments 

*,,,-, // T 1 ,' ^ 1 Jv* 1 o V of children to 

School shall run " in the name oi the people ot the State sohpoi. 
of Illinois," and all warrants on which any boy has been 
heretofore committed may be amended by the authority 
issuing the same, or their successors in oflBce, by inserting 
the words, " The Pet)ple of the State of Illinois," over 
such mittimus, and thereafter the same effect shall be given 
to such mittimus as if such words had been originally in- 
serted. 

§ 2. Parents and guardians are hereby permitted and Privileges of 
empowered to place in said school, by permission of the p^'^®'^^^' ®^^- 
guardian and superintendent of said school, any child of 
theirs, or under their control, between the ages of six (6) 
and sixteen (16) years ; and when said child is so received 
it shall be subject to the same rules, and may be held for 
the same time, and on the same terms, in every respect, as 
if it had been committed to said school by the provisions of 
law in reference to said school, and shall be discharged from 
said school in the same manner as by law the other inmates 
of said school are discharged ; and said parents or guar- 
dians shall pay the officers of said school, for the use of the 
reform school fund, such sums annually as may be agreed 
upo;3 by the parties. 

§ 3. If any officer or other person procure the escape Escape of boys 
of any boy or girl committed to the Chicago reform school, ^^'^st's. 
or connive at or aid, conceal or assist, in any such escape, 
or assist any person after such escape, he, she or they shall, 
upon conviction thereof, pay a fine not exceeding one hun- 
dred dollars (SlOO), and be confined in the county jail not 
exceeding six (6) months. 

§ 4. That section seven (7) ot chapter fourteen (14), of ^^P^^g**^®^ '^^" 
an act approved February 13, 1863, entitled "An act to 
reduce the city of Chicago, and the several acts in amend- 
ment thereof, into one act and revise the same," be, and the 
same is hereby, repealed ; and that the duties of commis- commissioners' 
sioner imposed by section eight (8) of said act, be perform- ferr?!. ^^*^'" 



32 SCHOOLS, ETC. 



ed by either of the judges of the superior or circuit courts 

in said city; and whenever any police magistrate or justice 

of the peace of said city shall have brought before him any 

Commitment ot boy or girl withiu the ages of six (6) or sixteen (16) years, 

vagrants and ^j^q hc lias roasou to bclieve is a vagrant, or is destitute of 

chudren. , . . ^ . ^ ^. 

proper parental care, or is growmg npm menaicancy, igno- 
rance, idleness or vice, he shall cause such person, together 
with the warrant on which he was arrested, and the list of 
witnesses which may be necessary to establish the situation 
and condition of such boy or girl, to be transmitted to one 
of the judges of the superior or circuit court, either in term 
time or vacation, and thereupon it shall be the duty of such 
judge to proceed in the same manner and give the same notice 
that said commissioner is, in said section eight (8), required 
to give; and if, upon such examination, such judge shall be 
of opinion that the said boy or girl is a proper subject for 
commitment to the reform school, and that his or her moral 
welfare, and the good of society, require that he or she 
should be sent to said school for instruction, employment 
and reformation, he shall so decide, and direct the clerk of 
the court of which he is judge to make out a warrant of 
commitment to said reform school, and such child shall 
thereupon be committed ; and such judge and the clerk of 
the court shall receive of the city of Chicago the same fees 
that are prescribed by law for fees in civil cases. 

§ 5. This act shall take effect from and after the date of 
its passage. 

Approved March 5, 1867. 



In force March ^^ ACT to attach certain lands therein named to school district number 
''' '' one, in township number eighteen north, range seven we.«t, in Menard 

county. 

Section 1 . Be it enacted hy the Feo]ple of the State of 
Illinois^ revresentedin the General AssemUy, That the south- 
Additions de- east quarter of section number eleven, in township number 
^^^^' eighteen north, range number seven west, of the third prin- 

cipal meridian, and all that part of the southwest quarter of 
section number twelve, in the township aforesaid, which 
lies and is situated on the west bank of the Sangamon river, 
in Menard county, be, and the same is hereby, attached to 
Subject to gf-n- scliool district number one in said township, subject to all 
general laws of this state respecting schools and school dis- 
tricts, and all special legislation relating to said district. 
g 2. This act shall be in force from and after its passage. 
Approved March 5, 1867. 



SCHOOtS, £tc). 33 



AN ACT to incorporate tlie Hovworth School District. In force March 

r>, 1S67. 

Section 1 . Be it enacted hy the People of the ^tate of Illi- 
nois^ represented in the General Assembly^ That within the uomuiaries. 
following described boundaries, viz : commencing at the 
south-east corner of section eleven, town 21 N., K. 2 E. of 
third principal meridian, McLean county, Illinois ; thence 
north two and three-fourths miles ; thence west one-fourth 
mile; thence north three- fourths of a mile to the north-east 
corner of the north-west quarter of the south-east quarter 
of section 26, T. 22 K, K. 2 E., of 3d P. M. ; thence west 
two and one-half miles to the north-west corner of the east 
half of the south-west quarter of section 28 ; thence south 
one fourth mile; thence west one half mile; thence south 
three-fourths of a mile ; thence west one-fourth mile; thence 
south one-fourth mile ; thence west one-half mile, to the 
section line between sections 31 and 32; thence south 
three-fourths of a mile, to the half-mile corner on the west 
side of section 5, T. 21 K, K. 2 E. ; thence east one mile: 
thence south one-fourth mile ; thence east one-half mile ; 
thence south one and one-quarter mile, to the half-mile 
corner on the south side of section 9 ; thence east two and 
one-half miles, to the place ot beginning, is hereby con- 
stituted a school district, to be known as "The Hey worth 
School District.'' 

§ 2. The government of said district, for school pur- Directors. 
poses, shall be vested in a board of seven directors, namely : 
Gen. R. G. Laughlin, Hon. Harrison Noble, Alpheus Mil- 
linner, Samuel Hill, Isaac Vanordstrand, Francis M. Phil- 
brook and Jno. i^elly; five of whom shall be a quorum to 
transact business. 

§ 3. Said board shall be styled the board of education style, 
of the Hey worth school district, and shall hold their office oftue temu-e. 
for Hve years, and until their successors are elected and 
qualified : Provided, that at the first meeting of the board Proviso. 
they shall be divided by lot into seven classes — one of them 
to be of the first class, one of the secjnd class, and so on 
through to the seventh class; and the seats of the first shall 
be vacated at the expiration of five years, when there shall 
be an election of one member of the first class; and annu- 
ally thereafter, on the first Monday in August, there shall 
be an election of said classes successively, thus giving one 
new^ member to said board each year after five years'; and 
should a vacancy occur in said board, it shall be the duty vacancy. 
of said board to fill said vacancy 



§ 4. Meetings for elections shall be called by the board. Meeting*, for 
by previous notice being given of at least ten days of the time ^^***'°°'- 
and place, and otherwise to be conducted as prescribed by 
our common school law\ 

Vol. Ill— 5 



34 



SCHOOLS, ETC. 



Powers and prl- 
vilegtii. 



Bemi-annual 



Orgaoization. 
Officers. 



Name and style g 5. The Said board of education shall be a body corpo- 
rate and politic, and by that name and style may sue and 
be sued, plead and be impleaded, buy and sell land; and 
they may receive gitts, grants, dunatioiis, bequests, legacies, 
etc., which may l)e made fur school purposes; and adopt 
such rules and regulations as they may deem necessary for 
the management uf said district. They sball severally take 
an oath to discharge tlie duties of their office to the best of 
their abilities. 

§ 6. It shall be the duty of said board to hold semi- 
annual meetings, on the first Tuesday of April and the first 
Tuesday of October in tach year, and called or special 
meetings at any time. Tiiey shall organize by electing one 
of their number presi<'eiit, and one clei k, and shall a|)point 
a tj-easnrer, who eihall not be a menjbei' of said b(»ard, and 
who .-hall give bund and security, to be aupi'oved by said 
board, and wli. s^ duty it shall b. tu receive all school funds 
belonging to said district, and disburse the same by order 
of said buard, signed by its president and clerk; for which 
he shall i-eceive no compensation. 

Taxes. § 7. It shall be the duty uf said board to levy a tax 

each year, sutficient to carry on school at least six months, 
and not more tlian eigbt nionrh?^, and also a tax sufficient 
to erect such buildings as may be necessary fur the accom- 
modation of all scholars wishing tu attend said sch"ols; 
and said board nniy borrow money for the use and benefit 
of said district. 

§ 8. Said board may continue the schools after the six 
months' term, by assessing the scholars aftending s dd 
schools, so as to defray the expenses thereof, in whole or in 
part. x\ll assessments thus made shall be collected in ad- 
vance from those wishing to attend, and shall be made 
accurding tu the department to which the schular belongs: 
PromdeTi^ that not mc»re than ten mouths' school shall be 
taught in any one year. 

§ 9. All taxes levied by said board of education shall 
be collected in the same manner, and at the same time, and 
by the oame officers, that the state and county taxes are 
collected in said dis lict, and shall be paid over by the town 
Collector to the treasurer appointed by said board; and it 
shall be the duty ot the treasurers of towns 21 and 22 N., 
R. 2 E., to pay over to the treasurer appointed by said 
board the distributable share of all the school funds, of 
every description, that may come into their hands, belong- 
ing to said district. 

Duties of board. § ^^' Tile Said board shall transact all business wdiich 
may be necessary, in relatiun to any schools, school funds, 
taxes, enumeration of children, etc., in said district, and 
shall be the legal successors of the trustees, in every par- 
ticular, of towns 21 and 22 N., R. 2 E., of the 3d P. M., 
within the bounds of said district. They shall appoiut all 



Aspef^ment of 
bcholar<. 



Proviso. 



Dispopitinn of 
tttxed collected 



SCHOOLS, ETC. 35 

teachers, fix salaries of ea^li teacher, and dismiss teachers 
or scholars at any time, tor good cause sliown ; and, gene- 
rally, they shall have and possess all the rights, powers and 
authority necessary tor the proper management of the 
schools and school funds, with power to make all rules, 
orders and ordinances, as they may deem necessary to carry 
their powers and duties into effect, and perfect a good sys- 
tem of public instruction and common schools in said dis- 
trict. 

§ 11. This act shall not affect or impair, in any way, Privile2<*^ e<o. 
the rights and privileges possessed at this time by said dis- not ""paired. 
trict in regard to drawing any state, county or township 
funds that said district may be entitlod to by reason of the 
number of scholars attending said schools, or the number 
of days taught, or for any other cause, whether hereiu enu- 
merated or not. 

§ 12. In all points not enumerated in this act, the board ooverntnent. 
of education shall be governed by the common school law 
of the state. 

§ Jo. All prior acts or parts of acts inconsi>tent with ConflioHna act* 
the pr(»visions of this act are hereby repealed, and this act ^""P*^*^® • 
is declared a public law, and shall take effect and be enforced 
from and alter its passage. 

Approved March 5, 1867. 



AN ACT to create the Illiopolis School District. . In force March 

7, lb67. 
ARTICLE I. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ representedin the General Assemhly^ That a school Designation. 
dit<ti-icl, tu be called ''lliiopuli:? School Dustrict,'' shall be 
created, witii the following boundaries : Beginning at a Boundaries, 
point on the Sangamon river where the county line between 
Sangamon and Macon countic s intersects said river; thence 
nortii with said county line to a p«>int in the same which is 
the central point in the east boundary line of section thir- 
ty-two (32,) in township seventeen (17) nortii, ran^e one (1) 
west, of the third (3d) piincipal meridian ; thence west cm 
a straight line thrunglr the centers of sections thirty-two 
(82) and thii-ty cme (31,) in township seventeen (li) north, 
range one (1) west, of the third (3d) princi['al meridian, 
and section thirty-six (3(5,) in township seventeen (17) north, 
range two (2) west, ot the third (3d) principal meridian, to 
the central point in the west boundary line of said section 
thirty-six (3f),) in township seventeen (17) north, ranj^e two 
(2) west, of the third (3d) principal meridian ; thence south 



3r> SCHOOLS, ETC. 

with the section line between s^tious thirty-live (35) and 
thirty-six (36,) in township seventeen (IT) north, range two 
(2) west of the third (3d) principal meridian, to the town- 
ship line between townships sixteen (16) and seventeen (17) 
north ; thence south with the section line between sections 
one (1) and two (2,) eleven (11) and twelve (12,) thirteen 
(13) and fourteen (l-i,) twenty-four (24) and twenty-three 
(23,) to the point in the center of the west boundary line of 
said section twent^^-four (24,) township sixteen (16) north, 
rano-e two (2) west, of the third (3d) principal meridian : 
tbence east on a straight line through the center of said section 
twenty-four (24,) in township sixteen (16) north, range two 
(2) west, of the third (3d) principal meridian, to a point 
which is the center of the east boundary line (which is the 
range line between ranges one (1) and two (2) west of the 
third (3d) principal meridian) of said section twenty-four 
(24,) township sixteen (16) north, range two (2) west, of the 
third (3d) principal meridian ; thence south with said range 
line between ranges one (1) and two (2) west, of the third 
(3d) principal meridian, to the point where said range line 
intersects the Sangamon river; thence up the Sangamon 
river with the meanders thereof, to the place of beginning. 

§ 2. This act shall be in force from and after is passage. 

Approved March 7, 1867. 



In force March AN ACT to proA'ide for schools in township number eight north, of range 
ft, 1867. eight (8) east, in Peoria county. 

Section 1. Be it enacted hy the Feo])le of the State oj 

Illinois, represented in the Genercd. Assembly, That all that 

Diitjict de- part of township eight (8) north, of range eight (8) east, 

coribed. ^|- i-i-^g fourth (4th) principal meridian, lying outside the 

corporate limits of the city of Peoria, shall be embraced 

within the said city, for school purposes ; and it shall be 

the duty of the board of school inspectors of the said city of 

Schooling <;hii- Pcona, to provido for schooling allthe children residing in 

'^'■*"- said township, outside the city^in the same manner and for 

the same length of time each year, as is provided for the 

children residing within the city limits. 

j^jj^, § 2. The board of school inspectors of the city of Peoria 

shall, from time to time, levy or canse to be levied the 

same tax upon all property, both real and personal, for 

school purposes, on the property within the said township, 

as is levied for the like purpose on the property within the 

corporate limits of said city. 

jmtiesotsd.ooi § 3. ' It shall bo the duty of the said board of school 

ii.spectoi5<. inspectors, previous to the 'first day of November in each 



SCHOOLS, ETC. 37 

year, to notify the clerk of the county court of Peoria 
county of the number of mills upon each dollar's worth of 
real and personal property levied by said board for school 
purposes for the current year, and the clerk aforesaid shall 
extend the same upon the tax list at the time of extendini>: 
the state and county tax upon all property, both real and 
personal, lyi^^g within the township and outside the city 
limits; which tax shall be collected in the same manner 
and by the same ofilcers who collect the state and county 
tax, and when collected shall be paid over by the officer 
collecting the same to the treasurer of the board of school 
inspectors of the city of Peoria, and by him paid out upon 
the order of the said board of school inspectors. 
Approved March 6, 1867. 



AN ACT to incorporate the Havana German School Association. In force March 

# 7, 1867. 

WuKKEAs, Augustus Otto, J. H. Pruning and Charles preamble. 
Holste, with other persons heretofore become associated to- 
gether for the purpose of erecting a suitable building and 
maintaining a school for instruction in the elementary and 
higher branches of education," in both the English and Ger- 
man languages, in the town of Havana, Mason county, and 
state of Illinois, and in pursuance of such association have 
purchased a lot of ground in said town, and erected suita- 
ble buildings for school purposes thereon ; therefore, 

Section 1 . Be it enacted by the People of the State of 
Illinois, represented iri the General Asstuibly, That Augus- 
tus Otto, J. H. Pruning and Charles Holste, with such 
other persons as may associate with them, be and they are 
hereby created a body politic and corporate, by the name 
and style of " The Havana German School Association," .Name and atjie 
and by that name to have perpetual succession for the pur- Purpose, 
pose of maintaining an institution of learning as herein 
contemplated. 

>> '^. The corporation hereby created shnll have power corporate row- 
by their corporate name to sue and be sued, contract and ^^^' 
be contracted with, acquire and receive and hold, by pur- 
chase, property, real, personal and mixed, and to use, man- 
age and employ, and sell and convey and dispose of, by the 
trustees of the association, all such property and mone}' in 
such manner as to the said trustees shall seem proper for 
the best interests of said school, and all property, real, per- 
sonal or mixed, which has heretofore been acquired by 
the persons named in this act, or by any or' either of them, 
or by any other person for the use of said school associa- 
tion, and the title to and right of possession of the same 



38 SCHOOLS, ETC. 

shall be and the same is hereby vested in the said corpora- 
tion hereby created. 
Vested powers § 3. All contracts, subscriptions, notes or liabiUties, of 
«ni privileges, ^yiij^tever naturc or kind, now exibting in favor of the asso- 
ciation heretofore existing, and payable to any person or 
persons for or on behalf of said association, are hereby 
vested in the corporation hereby created, with full power in 
said corporation to sue for and collect the same ; and all 
debts, dues and demands now ow-ing and unpaid from the 
said association heretofore existing, or from any person or 
persons on its behalf, are hereby declared to be the debts 
and liabilities of the corporation hereby created. 
Election of ofli- § 4. The officcrs of Said corporation shall be a presi- 
'^^''^' dent, secretary and three trustees. The president, secretary 

and one trustee to be elected. annually, at a meeting of the 
members to be held on the last Saturday of December in 
ProTiso each and ever}^ year: Provided, that a failure to elect 

officers on the day herein designated, shall not operate as 
a dissolution of said corporation, but ail officers elected shall 
continue in office until their successors are elected, and the 
present officeHB of the association shall continue in ofiice 
until the next regular election, and until their successors 
are duly elected. 
Managemeut. ^ 5. The trustccs shall have the comolete control and 
management; of the school, and the exclusive custody and 
control of the money and otlier property of said corpora- 
tion, subject to such rules and regulations as the members 
Treasurer, of the Corporation may from time to time adopt. They may 
appoint a treasurer, and require of him a b"nd, with suffi- 
cient security to said corporation ; which bond shall have 
the same force and effect as bonds given by school treas- 
urers under the common school law of this state, 
c-nstuution, ^ ^- ^hc articlcs of association known as the constitu- 

bT-ia\v3, etc. tiou and the by laws, rules and regulat'ons of the IJavaria 
German School Association, so far as the same are ct insis- 
tent with this act of incorooratiun, shall be and remain the 
rules, by-laws and regulations of said corporation until 
abolished, or amended by the members of said corpora- 
tion. 
Property, etc., § 7. The lots, buildings, furniture and apparatus of the 
8«k"upon'ex^ said Corporation which are actually used for school pnrpo- 
cution andde- ses, shall be forcver exempt from all state, county, corpora- 
tion or special taxation whatever, and shall be exempt from 
sale upon execution or decree, except the right to sell shall 
been acquired through or by a conveyance from the lawful 
trustees of the corporation. 

§ 8. This act shall be deemed a public act, and be in 
force from and after its passage. 
Approved March 7, 1«67. ' 



SCHOOLS, ETC. 39 



AN ACT to establish and maintain a system of Public Graded Schools in In force March 

tlie town of Olney. ^' ^^^'• 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly. That in addi- Additional du- 

I ^ 1 • 111-'.. J ^1 ties of school 

tioii to the powers vested in sciiool directors under the directors, 
general sc'.mol hiws of the stale of Illinois, the board of 
directors of school district number twelve (12), in townships 
three (3) and four (-i) north, range ten (10) east, as now 
laid oit'and establit-hed, including the town of Oln^y and 
suburbs, in the county of UichLind, shall establish and keep 
np, within the bounds of the town of Olney, a sufficient 
number of graded schools to accommodate all the children 
of said district for ten months in each year. 

§ 2. Said directors may admit to such schools non-resi- Non-re»ident«. 
dents and persons over the age of twenty-one years, on such 
terms as they may prescribe; and shall have the power to 
sue for and collect tuition fees from such non-residents and 
persons over twenty-one years of age, for the use of the 
schoi'ls of said district. 

§ 3. For building and repairing school houses, and im- Taxes, 
proving school sires, and for all other school purposes, the said 
directors shall be and are hereby authorized to levy and 
collect taxes in the manner prescribed by the general school 
law,8 ol" this state; but in no case to exceed two and one- 
half per cent, on the taxable property of said district, with- 
out a vote of the people of said district. 

§ 4. This act is hereby declared a public act, and shall Evidence of »ct. 
be admitted as evidence in all courts of law or equity in this 
state, without proof; and shall take effect and be in force 
from and after its passage. 

Approved March 8, 1867. 



AN ACT to establish and maintain a system of Graded Schools in the citv I» fo*ce Maroh 

of Olney. " ^' 1^^^- 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That the Graded schools. 
board of directors of school district number twelve (12), of 
townships three (3) and four (4), in Richland county, embra- 
cing all the territory within the city of Olney, shall estab- 
lish and keep up, within the bounds of said city of Olney, 
a sufficient number of graded schools to accommodate all 
the children within the limits of said city, for the space of 
ten months in each year. 

§ 2. Said directors shall have power to admit into such Admissian of 
schools non-residents and persons over the age of twenty- '*^^°'*^*' 



40 SCHOOLS, ETC. 

one years, on such terms as they may prescribe, and shall 
have the power, and are hereby empowered, to sue for and 
collect tuition fees from such non-residents and persons over 
twenty-one years of age, for the use of the schools within 
said district. 
Building and § ^' Said board of directors shall have power to build 
repairs-taxes, jmcl repair school houses, improve school sites, and they are 
hereby authorized to levy and collect taxes to do all and 
singular the matters and things required or permitted by 
their acts; said tax to be levied and collected in the manner 
prescribed by the school laws of this state: Provided^ that 
Proviso. no tax shall be levied at a higher rate than two and one- 

half percent, on the taxable property of said district, except 
said directors may call a special election of all the legal 
voters of said district, and if a majority shall vote to levy a 
tax above two and one-half per cent., then said directors 
shall have power so to do. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved March 9, 1867. 



In force^March ^>f ^Q-p j.^ legalize a certain tax levied by the school directors of school 
district number three, in township sixteen south, of range one west, and 
for other purposes. 

Preamble. Whereas the trustecs of schools in township sixteen 

(16) south, range one (1) west, did, at the regular meet- 
ing on the first Monday in October, 1866, by petition of a 
large majority of the inhabitants of school district number 
two (2), did divide said district ; and whereas due notice 
was given, by the township treasurer of said township, for 
an election for three directors of school district number 
three (3) ; and whereas said election was held on Monday, 
the fifteenth (15th) day of October, 1866, and three direc- 
tors were elected, and did assess a school tax on all the 
property, real and personal, in said school district, for pur- 
poses on the same day; therefore, 

Section 1. Be it enacted by the Feojyle of the State of 
Illinois^ represented in the General Asserahly. That a cer- 

faxdefinf^d. tain tax levied by the directors of school district number 
three, in township sixteen south, of range one west, in the 
counties of Pulaski and Alexander, in the state of Illinois, 
on the fifteenth day of October, 1866, for the purposes of 
schools, be and the same is hereby legalized ; and the said 
directors are hereby authorized to cause the said tax to be 
collected in the same manner as other taxes are collected. 
§ 2. This act shall be in force from and after its passage. 
Approved March 9, 1867. 



Schools, etc. 41 



AN ACT chaufriii'' the Carthage School District. ^n force F*b'y 

^ ^ ° 28, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That so Part of act re- 
much of the act entitled "An act for enhirging the Carthage p^*i«^- 
School District, in the county of Hancock, in said state," in 
force April 1st, 1861, which includes in said school district 
the northwest quarter of section seventeen, and the south 
half of the northwest quarter of section twenty-nine, in town- 
ship five north, and range six west of the fourth principal 
meridian, be and the same is hereby repealed. 

§ 2. This act is declared a public act, and to take effect 
and be in force from and after its passage. 

Approved February 28, 186Y. 



AX ACT to confei- school powers upou the township of Hanna, in the conn- 1" force Feb'y 

ty of Henry. 28, 1S67. 

Section 1. Be it enacted By the People of the State of 
Illinois^ represented in the General Assembly, That the town- Boundaries 
ship of Hanna, in the county of Henry, comprising all that 
portion of township eighteen (18) north, range two (2) east 
of the fourth principal meridian which is situated south of 
Rock river, together with sections one (1), two (2), three, 
(3), four (4), five (5), six (6), and the north half of section 
(seven (7), eight (8), nine (9), ten (10), eleven (11) and 
twelve (12), in township seventeen (17) north, range two (2) 
east of the fourth principal meridian, be and is hereby es- 
tablished a township for school purposes. 

§ 2. The business of said township shall be done by Trustees, 
three trustees, to be elected by the legal voters of said town- 
ship ; and the said township, upon the election of trustees 
as aforesaid, as hereinafter provided for, shall be a body 
corporate and politic, by the name and style of "Trustees Name and styi« 
of Schools of Township Eighteen North, Eange Two East 
of the Fourth Principal Meridian, lying south of Rock 
River," which said corporation shall have perpetual exist- 
ence, and shall have power to sue and be sued, plead and 
be impleaded, in all courts and places where judicial pro- 
ceedings are had, and shall have and exercise any and all 
rights and powers granted by the statutes of this state in 
relation to schools. 

§ 3. The first election of trustees aforesaid shall be hol- 
den on the second Monday of March, a. d. 18G7, or any Elections. 
Monday thereafter, at the usual place of holding elections 
in said township, which election shall be ordered by the 
Yol. Ill— 6 



42 



Term of office 
of trustees. 



Subsequent 

elections. 



School funds. 



SCHOOLS, ETC. 

county clerk of Henry county, who shall give notice of the 
time and place of said election, by posting up notices of the 
same, at least ten days previous to the day of election, in 
three of tlie most public places in said township. 

§ 4. The trustees elected at said election shall hold their 
office until the second Monday of October thereafter, or 
until tbeir successors shaU have been duly elected. 

§ 5. All subsequent elections of trustees shall be held 
at the time and in the manner specified in an act entitled 
'•An act to establish and mairitain a system of free scho(»ls," 
approved Februarj? 22, 1861, which said act is hereby made 
and declared to be a part of this act, and its provisions shall 
apply to and govern the said township in all matters per- 
taining to schools, excepting where the same may conflict 
with either sections one, two, three or four of this act, in 
which case said specitieO sections t?hall bfe taken as the law, 
and shall be valid and have full force. 

§ 6. The said township of Hanna shall be entitled to a 
just proportion of any and all moneys, notes or other evi- 
dences of indebtedness now belonging to the school funds of 
said townships seventeen and eighteen north, range two 
east of the fourth principal meridian, which proportion 
shall be payable to the legally elected trustees of schools of 
township eighteen north, range two east of the fourth prin- 
cipal meridian, Ijing south of Rock river, upon demand. 

§ 7. This act shall take eiiect and be in force from and 
after its passage. 

Approved February 28, 1867. 



In force Feb'y AN ACT to appropriate surplus bounty funds in the town of Lemont, Cook 
^> 1^^"' county, for school purposes. 

Preamble. Wheeeas by an act approved February 2, 1865, entitled 

"An act to enable the citizens of the several towns in the 
counties therein named to raise money for payment of 
bounties," no provision is made for the disposal of any sur- 
plus money that was so raised ; and whereas the supervisor, 
assessor and collector of the town of Lemont, in the county 
of Cook, in determining the rate per cent, of said tax, did, 
through a clerical error, levy a tax of two and one-half per 
cent., instead of one and one-half per cent., as intended, 
whereby a sum of about two thousand five hundred dollars 
was raised more than was necessary tor bounty purposes in 
said town ; therefore. 
Disposition of Section 1. Be it enacted hy the People of the State of 
funds. Illinois^ represented in ttte General Assemhly^ That it shall 

be the duty of the supervisor, town clerk, or other person 



SCHOOLS, ETC. 43 

in whose custody the surphis bounty funds belonging to 
said town of Lemon t, in Cook county may be, to pay the 
same to the township treasurer of the school fund for said 
town, whose duty it shall be to hold said money, subject to 
the order of the school directors of the different school dis- 
tricts of said town, such money to be used by said directors 
fur the purpose of maintaining schools and for building 
school houses in their different school districts. 

§ 2. Said township treasurer shall divide said money Dirision of. 
between the different districts in proportion to the amount 
of tax collected in each district for bounty purposes, and 
shall pay it out on the orders of the school directors of the 
several districts. 

§ 3. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved February 28, 186Y. 



AN ACT to attach certain lauds therein named to school district number In force Feb'y 
six, in the town ofHallock, in Peoria county. 28,1867. 

Section 1. Be it enacted hy the People of the State 
of Illinois^ rejovesented in the General Assembly^ That the Attached lands 
north half of section thirty-one (31), the north-west quarter ^i^^^"'^'^^- 
and the south-east quarter of section thirty-two (32), in 
township number twelve (12) north, of range eight (8) 
east of the fourth principal meridian ; the south half of , 

section thirty-six (36), in township number twelve (12) 
north, of range seven (7) east of the fourth principal meri- • 
dian ; the east half of the north-west quarter of section one 
(1), in township number eleven (11) north, of range seven 
east of the fourth principal meridian ; the north-east quar- 
ter of section one (1) of the same township and range; the 
soiith-west quarter of section seven (7), township number 
eleven (11) north, of range eight east of the fourth princi- 
pal meridian, shall henceforth be attached to and constituted 
a part of school district number six, of the town of llallock, 
in the county of Peoria ; and the inhabitants of the said 
several tracts shall, after the passage of this ac^, bj entitled 
to all the rights and privileges, and be subject to like bur ^^f^ ' es*"**^ p" 
thens and assessments now enjoyed or borne by the mhabi- 
tants of the said school district to which they are attached. 

§ 2. The said district, so enlarged, shall remain subject Subject to gem- 
to all general laws of the state respecting schools and school 
districts, and all special legislation relating to said district. 

§ 3. This act to take effect from and after its passage. 

AppiiOYED February 28, 1867. 



4:4: 



SCHOOLS, ETC. 



In force April 
1. 1867. 



Boundaries 



Name . 



Powers, etc. 



Board oT educa- 
tion. 



Elections. 



AN ACT to establish and form the Charleston Union School District. 

Section 1. Be it enacted by the People of the State of 
Illinois^ repi'esented i?i the General Asse7nhly^ That all that 
district of conntry embraced within the following bounda- 
ries, to-wit: Sections one, (I,) two, (2,) three, (3,) ten, (10,) 
eleven, (11,) twelve, (12,) thirteen, (13,) fourteen (14) and 
fifteen, (15,) in township twelve (12) north, range nine (9) 
east, in the county of Coles, and state of Illinois, is hereby 
made and constituted a permanent school district, by the 
name of "The Charleston Union School District;" and 
that no territory shall ever be taken therefrom, except by 
act of the legislature. 

§ 2. That the public schools of said district shall be 
under the excUisive management and con.trol of six persons, 
to be elected and qualified as hereinafter specified, and 
known as " The Board of Education of Charleston Union 
School District;" which board of education, and their suc- 
cessors in ofiice, shall be a body corporate and politic, by 
the name and style aforesaid, and may have a common seal, 
and change the same at pleasure ; and, as such board, may 
contract and be contracted with, sue and be sued, plead and 
be impleaded, in any court of law or equity in this state ; 
and, as such board, and in such name, shall be the legal 
successors of the trustees of schools and school directors in 
the territory embraced herein, and shall be and are hereby 
invested, in their corporate capacity, with the title, care, 
custody and control of all lands, lots, school houses and 
buildings, school libraries and apparatus, and shall receive 
all moneys and other property belonging or in any way 
accruing to said district, or to any part thereof, for the use 
and benefit of public schools therein, with full power to use 
and control the same in such manner as they may think 
will best promote the interests of public schools and the 
cause of free education, not inconsistent with this act; and 
said board shall also be capable of receiving any gift, grant, 
bequest or devise of real or personal property, made for the 
use or benefit of public schools in said district; and all 
moneys accruing to said district for school purposes, under 
any law of this state, shall be paid over to the treasurer of 
said board of education. 

§ 3. That, for the purposes of organization, the follow- 
ing persons, viz: M. C. McLain, Eli Wiley, W. L. Terrill, 
Isaac Winter, William W. Fisher and Simeon H. Nesbit 
shall be and are hereby made and constituted a board of 
education for said district, until the next regular time of 
holding elections for school directors established by the 
general school law of this state, and until their successors 
are elected and qualified ; at which time the qualified elect- 
ors of said district shall, upon the usual notice being given, 



SCHOOLS, ETC. 45 

elect six (6) members of said board, who, with tlieir suc- 
cessors in office, shall compose and constitute said board of Classification of 
education, and first incorporators under this act, two of ^^^^'^' 
whom shall serve for one year, two for two years, and two 
for three years. The time that each shall serve shall be 
designated on the ballots cast, and annually thereafter there 
shall be chosen, in the same manner, two members of said 
board, each of whom shall serve for the period of three 
years, and until their successors are elected and qualitied. 
Such intermediate vacancies as may occur in said board 
shall be filled by the remaining acting members, until the 
next annual election, when such vacancy or vacancies shall 
be tilled by the electors of said district. 

§ 4. That said tirst-mentioned board, within ten days Organization, 
after the taking effect of this act, shall meet, and, after 
having each taken an oath to properly and faithfully per- 
form the duties of member of said school board, and to 
support the constitution of the United States, and state of 
Illinois, organize by appointing one of their number presi- 
dent, and one clerk, and appointirg some person not of 
their number treasurer, but who shall be a resident of the 
district. That said treasurer shall hold his office during the 
pleasure of the board, and, before entering upon the duties 
of such office, shall give a bond, payable to the said board 
of education of the Charleston Union school district, in 
such sum, not less than double the amount which may 
probably be in his hands at any one time, and with such 
security as may be approved by said board, and to be kept 
by them, conditioned for the faithful discharge of all his 
duties as such treasurer ; and the said subsequent board, 
chosen or elected as herein provided, shall meet within ten 
(10) days after their election, and take the oath, and organ- 
ize in accordance with this section. 

§ 5. That said Isoard may hold stated meetings at such statedmeetings 
times and places, in said district, as they may appoint; four 
• members of said board, at all meetings thereof, constituting 
a quorum to do business ; the president having a vote only 
in case of a tie; that special meetings may be called at any 
time, by the president or any two members, by giving one 
(lay's notice of the time and place of the same: Fvomded^ Proviso, 
that if the president of the board shall be absent from any 
such meetings, a temporary president may be appointed ; 
and said board may pass and enforce such by-laws, rules By-iaws. 
and regulations for their own government, and for the gov- 
ernment of the clerk and treasurer, not inconsistent with 
this act, as they may deem propei- ; and, by resolution, shall 
direct the payment of all moneys that shall come into the P-wments. 
hands of the treasurer ; and no money shall be paid out of 
the treasury, except in pursuance of such resolution, and 
on written order of the president, countersigned b}^ the 
clerk, 



4-6 SCHOOLS, ETC. 

Division of § 6. All school hinds, school funds and other real or 

school funds, personal estate, notes, bonds or obligations, belonging to 
township number twelve (12) north, of range number nine 
(9) east of the third principal meridian, in the county of 
Coles, and state of Illinois, held or owned for school pur- 
poses by said township, shall be divided between the said 
Charleston Union school district, and the portion of the said 
■ township without the same, in the proportion and manner 
• following, to-wit : The school trustees of said township 
shall, within thirt^^ days after the taking effect of this act, 
appoint two commissioners who are freeholders, one a resi- 

commissioners. dent of Said district, the other a resident of said township, 
without said district, who, after being duly sworn to well 

Duties of. and truly discharge their duties, shall ascertain the whole 

number of persons under the age of twenty -one years, resi- 
ding in the whole of said district, and the whole number in 
said township without said district, and the whole number 
within said township; and thereupon said trustees shall divide 
and apportion said funds, real and personal estate, notes, 
bonds and obligations of said township between the said 
' district and the balance of said township without said dis- 

trict, in the proportion of the whole number of persons 
under twenty-one years of age in each shall bear to the 
number in the whole of said township. Said trustees shall 
have power to supply any vacancies occurring among said 
commissioners, and compensate them for such services, in 
such amount as they shall deem proper and right. 
' Funds. § 7. Said trustees, or other person or persons, having 

control or custody of said funds, property, bonds or obU^a- 
tions, shall, upon such divisions being made, pay over, 
assign, transfer and deliver to the board of education of 
Charleston Union school district, the portions of the funds 
and other personal estate, notes, bonds and obligations, to 
which said school district may be entitled, and execute and 
deliver to said board of education the necessary deeds and 
other conveyances for the share of real estate due said dis- 
trict under such divisions; which funds and other personal 
and real estate, notes, bonds and obligations, shall be and 

Control of funds remain under the full and entire control and power of the 
said board of education, for the use and benefit of said dis- 
trict, subject only to the provisions of the general school 
law of this state, defining the powers and duties of school 
trustees. 

Reports. g 8. The board of education of such district is hereby 

required to make out, and cause to be made out, and furnish- 
ed to the school superintendent of said Coles county, an 
abstract of the whole number of white children under the 
a^e of twentv-one years, at the times and in the manner 
required by law of other school officers, under the general 
school law of this state ; and said superintendent, or other 
proper officer, shall pay to the treasurer of said district, its 



SCHOOLS, ETC. 47 



proportion of the school, college and seminary fund, of the 
two mill tax, interest, lines and other moneys or special 
taxes, distributed accordini^ to the laws in force, for each 
apportionment or distribution, treating such district, for 
this purpose, the same as a township. 

§ 9. The said board of education shall establish and schools. 
maintain a sufficent number of free schools for the educa- 
cation of every person residing in said district, over the age 
of six years and under the age of twenty-one years ; and 
shall make the necessary provisions for continuing said 
schools in operation not less than eight months nor more 
than ten months in each year ; and for the purpose of more 
successfully accomplishing this end, the said board shall 
have power : 

]^mt. — To rent, lease or purchase grounds and sites for Grounds, 
school buildings. 

Second. — T» hire, purchase or erect, in accordance with Buildings, 
the provisions of this act, houses and buildings to be used 
for school purposes, and to keep the same in proper repair. 

Tliird:- — To turnish the schools in said district with all Furniture, etc. 
the necessary fixtures, furniture and apparatus. 

tourth. — To establish in said district as many primary Primary schooii 
schools and those of higher grades, as said board shall deem 
proper; to determine the branches or studies to be taught 
in each department or grade, and to prescribe and enforce 
rules and regulations for the admission of pupils into the 
same, and for the promotion from one grade or department 
to another; and also to determine the text books and other 
articles to be used therein. 

I^iJ'th. — To hire and appoint all the teachers of said Teachers, etc. 
schools, establish rules respecting their qualifications, and 
how the same shall be determined ; fix the amount of the 
salary or compensation of each teacher, and may dismiss 
any teacher at any time: Provided^ that nothing herein Proviso. 
contained shall be so construed as to supersede the necessity 
of every teacher first procuring a certificate from the county 
superintendent of common schools, as is now required by 
the general school law of this state. 

Sixth. — To lay off and sub-divide said district into as Subdivisioni. 
many sub- divisions for school purposes, as circumstances 
and the interests of schools therein may be thought to re- 
quire, and from time to time to change the same, or create 
new ones. 

Seventh. — To appoint three persons whose dut}^ it shall Examinaticn of 
be to conduct all examinations of pupils for admission to p^P'^' 
any department or grade of said schools, or for promotion 
therein, and to appoint other oflicers, committees or agents, 
as they shall deem best or most conducive to the interests of 
said schools. 

Eighth. — To have the power to suspend or expel pupils suspension »nd 
for disobedient, refractory, incorrigibly bad conduct, or for 6^p"^^'°°- 



48 



SCHOOLS, ETC. 



Management. 



Additional pow- 
ers of board. 



Funds needed. 



Indebtedness. 



Proviso. 



School lionsc; 



a failure to comply with all the rules and regulations adopt- 
ed by said board for the government of said schools. 

Ninth. — To have and possess all the rights, powers and 
authority necessar}^ lor the proper management of schools 
and school funds, and the carrying out the true spirit and 
intent of this act, and that may be necessary to establish 
and perfect a good and thorough system of public instruc- 
tion in graded free schools in said district. 

§ 10. The said board, in addition to the powers now 
given by law to school directors, and the powers herein 
■?!" g^nted, shall possess all the powers and privileges of trus- 
ts, /)f townships for school purposes; and shall be recagni- 
zed and regarded by the school superintendent, county clerk, 
and all other officers of this state, as possessing all the 
powers, privileges and rights of trustees of congressional 
townships of this state, and are hereby required to perform 
for said district all the duties of such trustees, as v^^ell as 
those of directors, not inconsistent with this act. 

§ 11. It shall be the duty of the board of education, 
and they shall have full power to determine the amount of 
money needed and to be raised for school purposes for each 
year, over and above the amount derived from the school 
funds heretofore enumerated, or from other sources, and to 
levy the same annually on the taxable property of the dis- 
trict, and have it collected in the same manner as other 
school directors do, under the general school law ; which 
levy or tax shall not, in any one year, exceed two per cen- 
tum of the assessed valuation of all the property in said 
district, subject to taxation therein. 

§ 12. Said board may also at any time when they may 
deem it necessary, borrow any sum or sums of money, for 
a time not exceeding one year, and at a rate of interest not 
exceeding ten per centum per annum, to be expended for 
general school purposes, for purchasing school house sites, 
and for repairing and improving school buildings: Provi- 
ded^ that the total amount of moneys so borrowed and 
unpaid at any one time shall not exceed one per centum of 
the assessed valuation of the real and personal property 
subject to taxation in said district. 

§ 13. That whenever said board of education shall 
deemit necessarj^ to purchase or erect a school house 
or school houses, and other necessary buildings, for this 
said district, they shall call a meeting of the legal voters 
in said district, by giving at least ten (10) days' notice of 
the time and place and object of said meeting, by posting 
up, or causing to be posted up, at least three written or 
])rinted notices, in three of the most public places in said 
district; and the president of said board, or in his ab- 
sence, one of the other members shall act as chairman 
of said meeting, and after appointing some one of their 
number clerk, may determine by a majority vote upon the 
erection of a school house or school houses, and other build- 



SCHOOLS, ETC. 49 

ino's, and the amount of money to be raised for that pur- 
pose, and the time or times when the same shall be paid, cost of, etc. 
which moneys, so voted, shall be levied by said board, and 
collected from year to year, in such amounts each year 
as shall have been determined by said meeting, the same 
as other taxes are collected for school purposes : Provided^ Proviso, 
that said levy shall not exceed for any one year three per 
centum of the assessed value of the taxable property of 
said district; and the said board of education, for the par- 
pose of raising the money so voted, may issue bonds, which ^°"'^^- 
shall be executed by the president and clerk, in sum' 
not less than one hundred dollars each, bearing interei nOt 
exceeding ten per centum per annum, and running for such 
times as may be necessary. 

§ 14. All persons over the age of six (6) years, and Admission tf 
under the age of twenty-one (21) years, shall be admitted ^^p''"* 
into said schools free : Promded^ said board may, at their Proyiso. 
option, have power to charge and collect a reasonable 
tuition tee from each pupil that pursues the study of any 
other language therein than the English or German ; and 
said board shall have power to admit persons who do not 
reside in said district, or who are over twenty-one years of 
age, into said schools, upon such terms as they may deem 
proper ; but nothing herein contained shall be so construed 
as to prevent persons from being suspended, expelled, or 
kept out of such schools altogether, for the reasons herein- 
before mentioned. 

§ 15. Neither the treasurer nor any member of the ^°^Pf^^y"°° 
board shall receive any compensation for his attendance at 
the meetings of the same, nor for the performance of its 
ordinary duties, but for extraordinary services reasonable 
compensation may be allow^ed, the board to determine what 
are extraordinary services, and what is reasonable compen- 
sation therefor. 

§ 16. It shall be the duty of the president and clerk to offimi ligna- 
sign all papers and documents of said board, and the same 
are hereby declared legal and binding when so signed. % 

§ 17. All the acts of the school directors of districts -Acts legalized, 
numbers one (1) and five (5), in township twelve (12) north, 
range nine (9) east, in said county of Coles, and state of 
Illinois, in relation to schools, the building or repairing 
school houses in either of said districts, and the levy of the 
tax therefor, and all the proceedings thereunder, together 
with all the contracts and oblisjations heretofore entered 
into for school purposes by the said directors of either of said 
districts numbers one (1) and five (5), are hereby legalized 
and confirmed and made binding upon the district created by 
this act, and shall be carried out and enforced by this board. 

§ 18. For any neglect or failure, (except through sick-lBowd^ofeduca^ 
ness of himself or family) by any member or treasurer of for nejiect of 
said board of education, to fulfill and perform the duties '^"*^" 
Vol. Ill— 7 



50 SCHOOLS, ETC. 

required of or imposed upon him by any of the provisions 
of this act, he shall be liable to a penalty of ten (10) dollars 
for each default, to be recovered by an action of debt, at 
the suit of au}^ person who may complain ; one-half of said 
fine to go to the informer, the other half to be paid to the 
treasurer of said district. 
Treasurer's du- § 19. The treasurer shall, as often as required by the 
tijs-report^. "j^qj^j.^^^ make due and full report to them — which report 
shall be open to the inspection of any citizen of said dis- 
trict — of the financial condition thereof, giving the amount 
of money on hand, and from what sources derived, the 
amounts paid out since the last report, and for what purposes, 
and such other items as the said board or general school 
law may require. 
Present direc- g 20. The present directors of said district one (1) and 
five (5) shall be the directors of this contemplated district 
Irom the taking eflfect of this act until the proper organiza- 
tion of said board is effected thereunder. 
Conflicting acts § 21. All piior acts and parts of acts inconsistent with 
repealed. ^^^^ provisious of this act, are hereby repealed. 

§ 22. This act is hereby declared to be a public act, and 
shall take eflect and be in force from and after the first (1st) 
day of April, in the year of our Lord one thousand eight 
hundred and sixty-seven. 
Approved March 1, 1867. 



^^ ^28^1867!^^'^ '^-^'^ •^^'^ *° divide the school funds of certain townships herein named. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly^ That the 

Division of fund known as the common school fund of township seven 
(7) north, in range two (2) east, and township number eight 
(•>) north, in range two (2) east, of the fourth principal me- 
ridian, in Fulton county, shall be and the same is hereby 
divided, a part thereof beiiig set apart and assigned to the 
town known and designated as the town of Ellisville, and 
comprising a part of each of the above named townships. 

Superintendent g 2. The county school Superintendent of Fulton coijuty 
is hereby empowered and directed to make a just and equit- 
able division of the school fund now belonging to the 
respective townships mentioned in the first section of the 
act, and assign to the town of Ellisville its just and equit- 
able proportion of said fimd now belonging to the respec- 
tive townships mentioned in the first section of this act; the 
basis of the division of said fund shall be the relative num- 
ber of school scholars, between the ages of six and twenty- 



SCHOOLS, ETO. 51 

oue years, residing within the limits of each of the respec- 
tive towns mentioned in this act, as ascertained by the last 
enumeration. 

§ 3. The town of Ellisville is hereby empowered to Election of offi- 
elect such officers at such times and in such manner as is 
now provided by law for the election of like officers in other 
towns in Fulton county : Provided^ however^ the town of 
Ellisville mny elect such officers at their next annual town 
meeting, and the officers so elected shall hold their offices 
until the time for the election of such officers as is now pro- 
vided by law. 

This act shall be in force from and after its passage. 

Approved February 28, 1867. 



AN" ACT to incorporate the Chicago Sunday School Union. ^ ^sTsef^^'^ 

Section 1. Be it enacted hy the People of the State of 
UUmns, repreaented in the General Assemhly^ That Edwin Corporators, 
S. Skinner, J. L. Pickard, W. E. Clifturd, Edward Eggles- 
ton, E. Payson Porter. Sheppard Johnston, Y. W. Whittle, 
J. W. Dean, Oliver Williams, J. 0. Harris, T. S. Faunt- 
leroy, W. B. Truax, A. Madison and C. R. Blackall, of the 
count}" of Cook, and their associates and successors, are 
hereby constituted a body politic and corporate, by the 
name of *'The Chicago Sunday School Union," and by Name, 
that name shall have perpetual succession, with power to 
make, have and use a common seal, and the same to alter 
or renew at pleasure, to contract and be contracted with, Powers, 
sue and be sued, implead and be impleaded, answer and be 
answered unto, in all courts of competent jurisdiction, and 
shall have all other powers and privileges necessary to fulfil 
the objects of their incorporation. 

§ 2. The objects of said corporation shall be to unite objects, 
evangelical christians throughout Cook county and else- 
where, in the sabbath school work ; to increase the efficien- 
cy of schools already existing ; to encourage and assist in 
the formation of new schools wherever needed ; to diffuse 
sabbath school information ; to elevate the standard of 
teaching; to promote social intercourse among sabbath 
school workers, and to further the cause in any other way 
deemed practicable or expedient by the managers thereof. 

§ 3. The said corporation shall have power to adopt coastitution 
such articles of constitution and by-laws, not inconsistent ^"'^ by-iaws. 
with the constitution of this state or of the United States, 
elect such officers, and appoint such agents as may be 
deemed necessary to carry out the purposes of the organi- 
zation. 



52 SCHOOLS, ETC. 

Property. § 4. TliG Said corporatioii shall have power and author- 

ity, and are hereby authorized to purchase or receive, by 
gift or otherwise, hold or convey real estate or other pro- 
perty, for the benefit of said corporation, to an amount not 
exceeding one hundred thousand dollars. The property 
purchased and held by the said incorporation, for the uses 
and purposes aforesaid, shall not be subject to taxation. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Approved February 28, 1867. 



In f«rce Feb'j AN ACT to incorporate the Davis Union School District. 

28, 1S67. ^ 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejyresented in the General Assembly^ That the 
territory now constituting school district number ten, town- 
^ ship number twenty-eight north, range nine east of the 

fourth principal meridian, in the county of Stephenson and 
state of Illinois, be and the same is hereby incorporated, 

Desi-naiion. and hereafter designated as " The Davis Union School Dis- 
trict." 

Board of educa- § 2. Tlic govcmment of Said district for school purposcs 

tion— elections g|^^j| ]^^ vestcd in a board of three persons, to be styled 
"The Board of Education of the Davis Union School Dis- 
trict," and whose terms of office respectively shall be for 
three years, and until their successors shall be elected and 
qualified ; one member of said board to be elected annu- 
ally, as hereinafter provided, on the first Monday of June 
in each year. The present school directors of district num- 
ber ten, in township twenty-eight north of range nine east 
of the fourth principal meridian, county of Stephenson and 
state of Illinois, shall be and are hereby constituted the 
first board of education of said district. On the first Mon- 
day of June next, an election shall be held of the legal 
voters in said district for the election of one member ot said 
board in the place of the present school director whose 
term of office will next hereinafter expire ; and on the first 
Monday of June, 1868, in like manner, an election shall be 
held for the election of a member of said board in the place 
of the school director whose term will then next expire ; 
and on the first Monday of June, 1869, in like manner, an 
election shall be held for the election of a member of said 
board in the place of the school director whose term will 
then next expire, and annually thereafter one member of 

Notice of eiec- Said board shall be elected as aforesaid. Notices for all 
^°"" elections of said district shall be given by the board of edu- 

cation, or by the clerk thereof, at least ten days previous to 



SCHOOLS, ETC. §3 

such election. Said notices shall specify the time and place 
of holding such elections, and may be given by posting in 
three of the most public places in said district, or by publi- 
cation in one or more of the newspapers of said county. 
Said notices shall also specify the time of 'opening and 
closing the polls of such elections. Two members of said 
board of education sliall act as judges, and one shall act as 
clerk of said elections ; but if said members shall fail to 
attend, or refuse to act when present, the legal voters when 
assembled shall choose two of their nnmber to act as judges 
and one as clerk of said election. If for any cause said 
elections shall not be held on the regular days above named, 
such election may be ordered as aforesaid, and be held on 
any subsequent Monday, notice thereof being given first, 
as aforesaid. In case of a tie the judges shall decide it by 
lot, on the day of election. So soon after each annual elec- 
tion as practicable, the said board shall appoint some legal 
voter of said district an alternate member therer^f, and in 
case of a vacancy in said board, or of the absence of a regu- 
lar membei' from the district, said alternate shall have all Duties and pow- 
the powers and perform all the duties of a regular member ^^sofmembera 
during said absence, or until said vacancy is filled by an 
election. The members of said board shall severally take 
an oath to discharge the duties of said office to the best of 
their knowledge and ability. Legal voters at general elec- 
tions, only, shall be authorized to vote at school elections Qualification of 
in said district. Alter every election of members of said '^o*®"- 
board, the judges of the election shall cause the poll book 
to be filed with the clerk of said board, with a certificate 
thereon, showing the names of the persons elected, and 
which shall be evidence of said election. 

§ 3. Said board of education shall be a body corporate ^ame and style 
and politic, by the name and style of "The Board of Edu- 
cation of the Davis Union School District," and may have 
a common seal, and as such may contract and be contracted Powers, 
with, sue and be sued, plead and be impleaded, in and be- 
fore any tribunal having competent jurisdiction. 

§ 4. It shall be the duty of said board to hold quarterly Meeting?, 
sessions, on the second Tuesday of April, tluly, October 
and January of each year ; and they may meet by ad- 
journment, at such other times as they may think proper; 
and the president of the board, or any member thereof, 
may call a special meeting of the board, by giving a verbal 
notice of the time and place and object thereof, or leaving 
a written notice thereof at the residence of the other mem- 
bers of the board ; and at all the meetings, a majority of Quorum. 
members shall be a quorum to transact business. Said board 
shall organize by appointing one of their number president. 
They shall also elect a clerk, who may be a member of the cierk— dutyof. 
board, and a treasurer, who shall not be a member of the 
board, who shall hold their respective offices during the 



54 SCHOOLS, ETC. , 

pleasure of the board, and until their successors shall be 
Presiding offi- elected and qualified. It shall be the duty of the presi- 
dent, when present, to preside at all meetings of the board; 
and it shall be the duty of the clerk to be present at such 
meetings, and to record, in a book to be provided for that 
purpose, all the official business of said board ; which 
record shall be public, and open to the inspection of any 
Proceedings, porson interested ; and all said proceedings, when recorded, 
shall be signed by the president and clerk, and a copy 
thereof, certified by the clerk, shall be prima facie evi- 
dence of such proceedings in courts and other places. If 
the president or clerk be absent, the board may appoint a 
officers.pro tern President or clerk, 2^^o tern. The treasurer shall execute 
Bonds. to said board an ofiicial bond, with good and sufiicient 

securities— such bond to be approved by the board, in such 
sums as the board shall determine, but to be, as nearly 
as can be ascertained, in double the amount of all the 
moneys that will, at one time, be in his hands, and condi- 
Treasiucr's du- tioucd for the performance of his duty as treasurer, and 
especially, faithfully to keep, and, from time to time, to 
pay over, all moneys that he shall receive as such treasurer, 
as he shall be directed by order of the board, or required 
by law to do. He shall keep a true and accurate record, 
in proper books for that purpose, of ail monoys received 
and paid out by him, for what purpose, and whose account: 
but he shall pay out no money except on order of the 
board; for all m.oneys paid out, he shall take and tile, with 
the papers of his office, proper vouchers; and he shall 
settle his accounts with the board at least once in each 
year, and oftener if the board shall so require. 
Compeusatioii § 5. ]v^o member of the board shall receive any coin- 

of board. ^ , <> i • , ^ i ,-\ • r* i i i 

pensation lor his attendance at the meetmgs oi the board, 
nor for the performance oi its ordinary duties; but for 
extraordinary services reasonable compensation may be 
allowed — the board to determine what are such services, 
and the compensation therefor. The clerk and treasurer 
shall receive such compensation as the board shall prescribe. 

Disposition of g 6. The treasurer shall, under direction of the board, 
demand and- receive of the officer or officers liaving the 
custody thereof, any interest or other monej, from any 
school fund or other source, to wliich said district, or any 
part thereof, or the schools or the teachers therein, would 
be entitled if this act had not been passed ; and the money 
so received from such funds or sources shall be placed in 
the treasury, to be used and expended, under the order and 
direction of the board, for the support of schools and for 
school purposes, in the same manner as other funds as 
shall come into the treasury by taxation or otherwise. 

Control of funds § 7. Said board of education shall be the legal succes- 
sors of the school directors of district No. 10, township 28 
north, of range 9 east of the 4th p. m,, and shall have the 



SCHOOLS, ETC. 55 

entire and exclusive control of all school fund*s of said 
school district, or any part thereof, whether consisting of a 
portion of the school, college, seminary or township funds 
belonging and to belong to said district, or any part thereof, 
or derived from taxation, loans, interest or otherwise, to be 
used by them as provided*in this act ; and they may receive 
any gift, grant, donation, devise, bequest or legacy made 
for the use of any school or schools, or library or other 
school purposes ^yithin their jurisdiction ; and they shall be 
and are hereby invested, in their corporate capacity, with 
the title, care and custody of all lands, lots, school houses, custody of 
school libraries, apparatus, and other property belonging '*"^'" 
or appertaining to the common schools of the district, or 
any of them, or which may be within their jurisdiction, 
with lull power to control the same in such manner as they 
may think will promote the interests of schools or the cause 
of education, and not inconsistent with the provisions of 
this act; and when, in their opinion, it may be for the in- 
terests of said district to sell any lot or tract of land or 
buildings belonging to said district, or any part thereof, conveyances of 
said board may sell and convey the same in the name of ^^"'^''• 
the board; and such conveyance, as well as all other con- 
veyances, contracts or assignments of the board, shall be 
executed by the president and clerk of the board of educa- 
tion of said district ; and the moneys of all sales and 
assignments shall be paid to the treasurer of the board, for 
the benefit of the schools; and all conveyances of real or 
personal esta^ and assignments of choses in action which 
may be made to said board shall be made to said board in 
its corporate name; and said board may purchase and hold Possession of 
such real estate and personal property as may be necessary ''^'''' ^^^^^^' ^**- 
for the establishment and support of schools, and such real 
estate as may be purchased under any sale upon execution 
or decree in favor of said board, or in satisfaction of any 
debt due said board, and at any time thereafter may sell 
and cunvey the same. 

§ 8. For the purpose of erecting school houses, pur- ipdebtednese. 
chasing school house sites, or repairing or improving the 
same, or purchasing libraries or apparatus, it shall be lawful 
for said board to borrow money, at a rate of interest not 
exceeding ten per cent, per annum, and issue bonds there- 
for in sums of not less than one hundred dollars, which 
bonds shall be executed by the president and clerk of said 
board, in the name of the board : Provided, that the bonds 
issued by said board and outstanding shall not at any time 
exceed one per centum of the assessed value of .the real 
and personal property of said district. 

§ 9. Said board may also, at any time when they deem DisposiUon of 
it necessary, borrow any sum or sums of money for a time ^"°^^' ®*^- 
not exceeding one year, and at a rate of interest not exceed- 
ing ten per cent, per annum, to be expended for general 



56 

Proviso. 



Judgments. 



Tftzation. 



SCHOOLS, ETC. 

school purposes : Provided^ that the total amount of money 
as borrowed and unpaid shall not at any time exceed one- 
half of one per centum of the assessed value of the real 
and personal property of said district ; and for the payment 
of the moneys so borrowed the proceeds of taxes first paid 
into the treasury thereafter, and nt)t especially appropriated 
by law, are hereby specifically pledged, and shall be applied 
in payment of the sums so borrowed in preference to any 
other debt. 

§ 10. If any judgment shall be obtained against said 
board, the party entitled to the benefit of such judgment 
may have execution therefor, as follows, to-wit : It shall be 
lawful for the court in which said judgment shall be obtain- 
ed, or to which said judgment shall be removed by trans- 
cript or appeal from a justice of the peace, or other court, 
to issue thence a writ commanding the board of education 
and the treasurer of said district to cause the amount 
thereof, with ten per cent, interest and costs, to be paid to 
the party entitled to the benefit of said judgment, out of 
any moneys unappropriated of said district ; and if there 
be no such moneys, out of the first moneys recei^-ed for the 
use of said district ; and to enforce obedience to such writ 
by attachment or by mandamus requiring said board to 
levy a tax for the payment of said judgment ; and all legal 
process, as well as writs to enforce payment of a judgment, 
shall be served either on the president or clerk of said 
board. 

§ 11. Said board shall, on or before ttie first day of 
August in each year, cause to be raised by taxation, for 
school purposes, including the payment of any debts due 
or during the ensuing year to become due from said district, 
such an amount as they shall estimate will, together with 
the available means accruing from other sources, be required 
for school purposes in said district for the ensuing year, 
and shall determine, as nearly as practicable, what rate per 
cent., not to exceed three per cent, unless the debts to be 
paid require it, on all the taxable property in said district, 
must be levied to raise the amount so estimated, and shall 
make an order therefor, and the clerk shall enter the same 
upon the records of the board. It shall be the duty of the 
clerk of said board to make out a certified copy of said 
order, signed by the president of the board and attested by 
the clerk, and within ten days of the passage of said 
order present the same to the clerk of the board of super- 
visors of Stephenson county. The tax so levied by said 
board shall be assessed and collected in the same manner, 
and at the same time, and by the same officers, as state 
taxes are assessed and collected within the limits of said 
district, and the proceeds paid to the treasurer of said board, 
after deducting therefrom one-half the per centage allowed 
for assessing and collecting state taxes. 



SCHOOLS, fitC. 5t 

§ 12. Said board of education shall transact all business 
which ma}' he necessary in relation to common schools in 
said district. 

First. — They shall establish a sufficient number of com- Number of 
mon schools for the education of every person residing in ^^^^°^'^- 
said district over the age of five years and under the age of 
twenty-one years, and shall make the necessary provisions 
for continuing said schools in operation at least eight 
months, or for such term as said board may think proper. 

Second. — They shall cause suitable lots of ground to be C'louud sites. 
procured, and suitable buildings to be erected, purchased or BuiiJinga. 
rented for school houses, and shall supply the same with 
fuel, furniture and apparatus, and may cause such building Furniture, etc. 
or other property to be insured, and shall make all other 
provisions relative to schools which they may deem proper. 

Third. — Tiiey shall exercise general supervision over the General powers, 
common schools of the district, and shall, by one or more 
of their number, or by their agent or agents, visit each one 
of said common schools at least once a month, while they 
are in operation. 

Fourth. — They shall appoint all the teachers of said com- Teachers, 
mon schools, estabhsh rules respective to their qualifications, ruics etc. 
and how the same shall be determined ; fix the amount of 
salary or compensation, and may dismiss any teacher at any compensation 

4.' ^ ^ ' • -^ -^ ofteacher;?. 

time. 

Fifth. — They may direct what branches of learning may Learning. 
be taught and what books may be used in each school : Pro- 
vided., that instruction in said school shall be conducted in 
the English language. 

Sixth. — They shall have power to establish schools of Grades, 
diti'erent grades and the rules and regulations of admission 
of pupils into the same, having regard for the qualifications 
of the pupils; and they may suspend or expel from the 
schools any pupil found guilty, on a fall examination and 
hearing, of refractory or incorrigibly bad conduct. 

Seventh. — They may lay ofl' and divide said district into Local district!, 
local districts, and from time to time alter the same or create 
new ones, as circumstances may require. 

Fighth. — They may appoint a board of three persons in ^/^^jf*'^^ ^''■^''* 
each local district, to be denominated district directors, and 
prescribe, by established rules and regulations, the powers 
abd duties of such directors, and remove them at their 
pleasure. 

Ninth. — They may appoint such other officers, commit- Officers, agents, 
tees or agents as they shall deem best and most conducive 
to the well-being of the schools and school education in said 
district. 

Tenth. — And generally, they shall have and possess all Righi.s. powers, 
the rights, powers and authority, necessary for the proper *'*^* 
management of the schools and school funds, with the 
Yol. Ill— 8 



58 



SCHOOLS, ETC. 



Board's ueglee* 
of dutie?. 



power to make all such rules, orders aud ordinances as they 
may deem necessary to carry their powers and duties into 
eflect, and perfect a good system of public instruction and 
common schools in said district. 
Teachers' dutiei § 13. The scvcral tcachcrs of said public schools shall 
keep schedules of the pupils attending the schools, as is 
now required or may hereafter be required of teachers of 
schools by law ; and the said board of education shall make 
return and report to the state superintendent of pubhc 
schools, or other proper officer, on all such matters and 
things as are or shall be required by law, and the direction 
of such superintendent or other proper officer of any county 
or township officers, and shall make such other reports as 
persons having the control of public schools are or may 
be required to make by virtue of any law of this state. 

§ 14. For any neglect or failure by the said board, or 
of any member thereof, to fulfill the duties required of or 
imposed upon them by any of the provisions of this act, 
they shall be liable to a penalty of fifty dollars, to be recov- 
ered in an action of debt, at the suit of any person who 
may complain. And any member of said board who shall 
appropriate to his own use any of the funds that may come 
to his hands or under his control, belonging to said district, 
for school purposes, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be fined in any 
sum not exceeding five hundred dollars, and imprisonment 
in the county jail not exceeding one year. 

§ 15. The provisions of the last preceding section shall 
be held to apply to the clerk, 'treasurer or any other officer 
or agent elected or appointed in pursuance of this act. 

§ 16. All prior acts or parts of acts, inconsistent with 
the provisions of this act, are hereby repealed ; and any act 
of the general assembly now^ in iorce, or hereafter enacted, 
shall not be construed in any manner to repeal, alter or 
change any of the provisions of this act, unless such act 
shall specifically provide for such repeal, alterations or 
change. 

§ 17. This act is declared to be a public law, and shall 
take efi'ect and be in force from and after its passage. 

Approved February 28, 1867. • 



Penalties appli 
•d to officers. 



Acts repealed. 



In force Feb'y AN ACT for the establishment of a svstem of Graded Schools in Nauvoo, 
^'1^"- Illinois. 



Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ represented in the General Assemhly^ That all the 
territory of townships six (6) and seven (7) north, range nine 
west of the fourth principal meridian, in Hancock county 



SCHOOLS, ETC. 59 

and state of Illinois, is hereby erected into a common school Name, 
district, to be known as " The N'auvoo School District." 

§ 2. The care and superintendeace of the common Roard of edu 
schools within said district, together with the funds and -^^^^i^n. 
estate, both real and personal, belonging to and which may 
be conveyed to said district, shall devolve upon a board of 
education for said district, and they shall have the exclusive 
management and control of said schools, and of said real 
and personal funds and estate. 

§ 3. The said board of education shall consist of six Election of. 
members, who shall be legal voters and house holders of 
said district, and they shall be elected by the legal voters 
of said district, and they shall hold their offices for three 
years from the day of their election, and until their succes- 
sors are elected, except that of the board first elected under 
this act, two shall retire from office at the end of the first 
year, two at the end of the second year, and two at the end 
of the third year, and the period of their said retirement 
shall be determined by lot among said members. An elec- 
tion shall be held, annually, on the first Monday in August, 
at the first of which six members of said board shall be 
elected, and at each election thereafter there shall be elect- 
ed successors to those whose terms are about to expire, and 
to fill the unexpired terms of those members whose places 
in said board have become vacant during the year prece- 
ding, by reason of death, resignation or removal from said 
district, and said board of education shall have power to v»caucifi«. 
till all vacancies so occurring until the ensuing annual elec- 
tion. Notice of these annual elections shall be given by 
the clerk of said board, by posting up written notices of the 
time and place of said elections, and the officers to be elect- 
ed, and the questions to be determined thereat, in three of 
the most public places of said district, at least ten days be- • 
fore such .election is to take place ; and the first election 
under this act shall take place on the first Monday in Au- 
gust, A. D. 1867, and the notice thereof shall be given by 
the acting clerk of the present board of directors for said 
district ; and until said first election the present boards of 
directors and trustees of said district shall hold their present 
offices, and all their acts shall be of legal force and eflfect. 
Said election shall be conducted 'in the manner provided i'or 
the election of school trustees by the '-Act to establish and 
maintain free schools," approved February 16, a. d. 1865. 

§ 4r. Said board are hereby created a body corporate Name. 
and politic, by the name of " ihe Board of Education of the 
Nauvoo School District," and by that name may sue and Po^^ers. 
be sued, plead and be impleaded, answer and be answered 
unto, in all courts and places, and have perpetual succes- 
sion and a common seal, and the same alter and change at 
pleasure, and they may exercise all the powers, be subject 
to the same penalties and enjoy the same franchises that 



60 SCHOOLS, ETC. 

school trustees of townships and boards of directors of 
school districts generally may do, or be by any law now in 
force or that uiay be hereafter passed ; and they are hereby 
onvevances. empowered to receive conveyances of real estate by their 
corporate name, and also to convey the same by said name ; 
and all such conveyances shall be executed and acknow- 
ledged by the president of said board, and attested by its 

rroviso. seal and the signature of the clerk: Provided^ that all such 

conveyances shall be authorized by a resolution of said 

Proviso. board : And. ^^r^i'zVZe^:/, further, that all sales and convey- 

ances of school houses and grounds pertaining thereto shall 
be determined upon by a majority of the legal voters of said 
district, upon the submission of such sale to them at an 
annual election, by said board. 

xeetinps. § 5. Said board shall hold stated and regular meetings 

once in each month, the time to be designated by the rules 
of said board ; and said board may make from time to time 

Rules and legu- all needful rules and regulations for their own government 
**^°°^^" and for the government of all officers and agents elected or 

appointed by said board, and for the custody, care and 
management uf all the schools, school funds and school 
property belonging at any time to said Nauvoo school dis- 
trict ; and all such rules shall have the force and effect of 
ordinances passed by the council of a city, and shall be re- 
corded by the clerk of said board, and a copy thereof, cer- 
tified by said clerk, under seal o^' said board, shall every- 
where be received as evidence of the passage of said rules, 
which shall be enforced from the time of their passage. 

Officers. ^ 6. Said board shall annually, at their stated meeting 

in August, elect one of their number president, who shall 
preside at all the meetings of the board, if present, and per- 
form such other duties as may be imposed upon him by the 
rules of said board ; and they shall also elect a treasurer 
and clerk, who shall not be members of said board, and 
said treasurer shall be treasurer of the school funds of said 
district ; and they may also electa superintendent of schools 
of said district, who may or may not be one of their own 
ni embers, and ap])oint such agents and committees as the 
necessities of said district may seem to require, and adopt 
rules determining their duties and compensation ; and all 
such officers so elected shall hold their offices for one year 
from said Auii;ust meetino", and until their successors are 
elected and qualified, unless sooner removed by said board 

Proviso. for adequate cause: Provided^ that the members of said 

ijoard shall in no case receive any compensation for their 
services as such, but shall render their services for public 
good. 

Action?. § 7. All acti(»iis a!id rights of action which have accrued 

or may hereafter accrue to any person or corporation for 
the. benefit of the said Nauvoo school district, are hereby 
vested in said board ot education. 



SCHOOLS, ETC. ' 61 

§ 8. Said board of education, or a committee tbereof, Duties of board, 
shall examine all applicants to teach in the public schools 
of said district in relation to their qualifications to teach, 
and if satisfied that such applicant is qualified to teach such 
branches as he or she is required to teach, said board shall 
give such person a certificate of qualification, sie^ned by 
the president, but may revoke the same for adequate cause. 
Said board shall elect all instructors in the public schools 
of said district, and determine their duties, time of service 
and compensation, and may remove the same at any time, 
for adequate cause, b}^ a rule adopted for that ])urpose. 

§ 9. A majority of said board shall constitute a quorum Quorum, 
for the transaction of business. It shall be the duty of 
said board to cause an abstract of the vvdiole number of Abstract oichii- 
vvhite children, under the age of twent^^-one years, within ^^^'^' 
said district, to be published, with such further information 
as is required in sections 36 and 79 of the act to establish 
and maintain a system of free schools, approved February 
16, A. D. 1857, to the school commissioner of Hancock 
county, within ten days after the same shall have been as- 
certained ; and the school commissioner shall pay, annu- payment of 
ally, to the treasurer of said board, the amount said district ^"^^^' 
is entitled to receive from any funds that are or may be in 
his hands, subject to distribution for the support and benefit 
of schools in said county, in accordance v;ith the provisions 
of all laws that have been or may be passed, the same as if 
no special charter had been conferred upon said Nauvoo 
school district. 

§ 10. Said board shall have full power to purchase or Grounds, etc, 
lease any g-rounds for school houses ; to erect, hire, pur- 
chase, finish and keep m repair sufficient buildings for 
school purposes ; to furnish schools with necessary books, Books appara- 
fixtures, furniture, apparatus and libraries ; to establish and * 
maintain a system of public graded schools in said district, 
and to prescribe the studies to be taught and the books to 
be used therein ; to pass by-laws and rules to carry these 
powers into complete execution ; to supply the insufficiency 
of school funds for payment of teachers, and other school 
purposes and expenses, by school taxes, to be levied and 
collected as hereinafter provided. 

§ 11. It shall be the duty of said J^oard, and they shall Money needed, 
have full power, to determine the amount of money needed 
to maintain the pubhc schools of said district free "to all the 
children therein, between the ages of six and twenty-one 
years, and for paying all expenses of the same, of every 
description, for each school year, over and above the amount 
of money from school funds and all other sources, and they 
shall designate the same "school tax;" and it shall in school taxes, 
like manner be the duty of said board, and they shall have 
full power, to determine the amount of money needed at any 
time for the purpose of purchasing, leasing or improving 



62 ' SCHOOLS, ETC. 

cjrouudsfor school purposes, or for purchasing, leasing, build- 
fno;, iiuishing, repairing, improving or insuring schoolhouses, 
or%r procuring furniture, libraries or apparatus therefor, and 

School house they shall designate the same "school house tax;" and it 

*"• shall be the further duty of said board, at any meeting prior 

to the second Monday of September, annually, to ascertain 

Assessments- the rate per cent, upon the assessment of property in said 

rate of. towuship for State and township purposes for that year, 

needed to be levied to raise the amount of school tax deter- 
mined upon, and what rate per cent, upon the same will 
need to be levied to raise the amount of school house tax 
determined upon ; which rate or rates per cent., respect- 
ively, the president and clerk of said board shall certify, 
under the seal of said board, and make return thereof to 
the clerk of Hancock county on or before the second Mon- 

Taies, etc. day of September, annually ; and it shall be the duty of said 
clerk to extend tiie said tax or taxes, in one column, under 
said name of " school tax," according to said rate or rates 
upon the collector's books for that year, for said township 
of Nauvoo, or for said jN"auvoo school district ; and the said 
taxes shall be collected as other taxes are or may be ; and 
the township collector shall pay over such school tax and 
school house tax to the treasurer of said board at or before 
the time for him to return his books ; and all delinquent 
taxes collected, or redemptions made from tax sales, shall, 
to the extent of said taxes and the redemption made thereon, 
be paid over by the officers receiving the same to the treas- 
urer of said board, on demand. 

cierk-g duties. § 12. The clcrk of said board shall keep a record of all 
its proceedings, and have custody of the seal, and attest, 
with his signature and the seal of the board, all official acts 
authorized by the board and signed by the president ; and 
perform such other duties as may be imposed upon him by 
the rules of said board. 

Treasurer. § 1^- The treasurer elected by said board shall, before 

entering upon his duties, execute a bond, with two or more 
freeholders, who shall not be members of the board, as se- 
curities, payable to the board of education for which he is 
elected treasurer, with a sufficient penalty to cover all lia- 
bilities which may be incurred, conditioned faithfully to 
perform all the dutie^ of treasurer of said board according 
to law; and the securities shall be approved by a majority 
of said board, and the bond shall be filed and kept by 
the clerk of said board. Each treasurer so elected shall 
have custody of all bonds, notes, mortgages, moneys and 
effects denouiinated principals, as well as all school moneys 
and funds for distribution belonging to said Nauvoo school 

Bond. district; and the penalty of said treasurer's bond shall be 

twice the amount of said bonds, mortgages, notes, moneys 
and effects, as near as can be ascertained ; which bond shall 
be in the following form : 



SCHOOLS, ETC. 63 

STATE OF ILLINOIS,/ 
Hancock County, f 

Know all men by these presents, that we, A. B., U. D. and E. F,, arc Form 
held and firmly bound, jointly and severally, unto the board of education of 
the Nauvoo school district, in the penal sum of dollars, for the pay- 
ment of which we bind ourselves, our heirs, executors and administrators, 
firmly by these presents. In witness whereof, we have hereunto set our 

hands and seals, this day of , 18 — . 

The condition of the above oblij^ation is such, that if the above boundcn 
A. B., treasurer of the board of education of the Nauvoo school district, 
aforesaid, shall faithfully discharge all the duties of said office, according 
to the laws that now are or may hereafter be in force, and the rules of said 
board, and shall deliver to his successor in office all moneys, books, papers, 
securities and property in his hands as such treasurer, then this obligation 
to be void; otherwise to remain in full force and effect. 

§ 14. Said board of education shall have power to pre- Mode of keep- 
scribe tlie mode of keeping the treasurer's books, and make bofks^*""^^*"' 
such rules regulating his conduct as treasurer as thej may 
deem proper, not inconsistent with this act. 

§ 15. At the stated meetings of said board in April statement of 
and October of every year, the treasurer shall lay before ^**°^^^'°"- 
the board of education a statement, showing the amount, 
proceeding from special taxes and other sources, that has 
come into his hands since the last half-yearly meeting; how 
much has been paid out, and for what purpose, and the 
amount on hand. He shall also lay before said board all 
books and papers in his custody, for examination by said 
board at said half-yearly meetings, and make such other 
statements and exhibits, from time to time, as said board 
may require, touching the duties of his office. 

§ 16. When a treasurer shall resign, remove from said Vacanej. 
district, or be removed from said office, and at the expira- 
tion of his term of office, he shall pay over to his successor 
in office all moneys on hand, and deliver over all books, 
papers and documents of every description, in which said 
board may have any interest whatever, within his care, 
custody or control ; and in case of death of said treasurer, 
his securities and legal representatives shall be bound to Treasurer's »«- 
comply with the provisions of this section ; and for non- purities. 
compliance, he and they shall be liable to a penalty of not 
less than one hundred dollars, at the discretion of the court 
before which judgment may be obtained ; and the obtaining 
and payment of said judgment shall in nowise discharge or 
diminish the obligation of his official bond. 

§ 17. All school funds paid in to said treasurer, or 
coming into his hands, shall be paid out only on the order 
of the board, signed by the president, and attested by the 
signature of the clerk of said board; and for all payments 
made, receipts shall be taken and filed by said clerk ; and 
said orders and receipts shall show the purposes for which 
and on what account said orders were drawn ; and the 
treasurer, upon the payment of each order, shall take it up, 
cancel it, and file it up in his office. 



64 



SCHOOLS, ETC. 



PriTileges al- 
lowed to other 
children. 



§ IS. The board of education may permit children not 
belonging to said district, and also persons over the age of 
twenty-one years, to enjoy the advantages of the schools of 
said district, but shall in all such cases tax a reasonable sum 
as tuition. 

§ 19. This act shall be deemed a public act, and shall 
take efiect from and after its passage. 

Approa^ed Februarv 28, 1867. 



In force Feb'y AX ACT to amend an act entitled "An act to create a school district in 
'23. 1S67. " the toM"n of Decatur, Illinois, to be known as the Decatur School Dis- 
trict." 



Disposition 
funds. 



of 



Indebtedness 



Section 1. ^e it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That all offi- 
cers collecting any moneys which rightfully belong to said 
district, shall pay the same to the treasurer of said district 
at least once in every thirty days, and in all cases they shall 
take duplicate receipts from said treasurer, one of which 
they shall file with the clerk of the board. 

§ 2. For tilt! purpose of erecting school houses, purcha- 
sing school house sites, or repairing or improving the same, 
or purchasing libraries or apparatus, it shall be lawful for 
said board to borrow money, at a rate of interest not exceed- 
ing ten per cent, per annum, and issue bonds therefor, in 
sums of not less than one hundred dollars, which bonds 
shall be executed by the president and clerk of said board, 
in the name of the board : Provided, that the bonds issued 
by said board, and outstanding, shall not, at any time, 
exceed two per centum of the assessed value of the real and 
personal property of said district. 

vj 3. In making returns of the attendance of pupils in 
said district to the state superintendent, or any county or 
township officer, it shall be the duty of said board to report 
only the total for such item required in such report of at- 
tendance. 

g 4. Said board of education shall cause the report pro- 
vided for in section fifteen of said act, to be prepared and 
published as soon as practical after the 31st day of August 
in each and every year. 

§ 5. It shall be the duty of the clerk of the board of 
Ti*st'r^s?^'"^''' supervisors of Macon county to report to the board of edu- 
cation the amount of school taxes assessed in said district; 
and the collectors of said taxes shall settle with the board 
of education on or before the 1st day of August in each 
year. Said collectors shall receive for their services one 
and one-half per centum on all moneys collected by them. 



Return.'- 



PuVjlication 
report.s. 



of 



Duty of clerk of 



SCttOOLS, ETC. (y^ 

§ e. All sections or part of sections of said act in con- Sections re- 
nict with the foregoing amendments, are hereby repealed, p®*^^*^* 

§ 7. This act is declared to be a public law, and shall 
take effect and be in force from and after its passage. 

Approved February 23, 1867. 



AX 



ACT to dissolve Union school district number one, in the township of In force Feb'i 
Palatine, Cook county. 23, 1867. 



Section 1. Be it enacted hy the Feople of the State of 
Illinois, rejpresented in the General Assemhhj, That Union Di.soiuti 
school district number one, within the township of Palatine, 
Cook county, be and the same is hereby dissolved, and that 
the live school districts forming Union school district num- 
ber one, be reinstated to the position they occupied before 
the consolidating of said live districts into Union school dis- 
trict number one, in said township of Palatine. 

§ 2. This act shall be in force from and after its passage 

Approved February 23, 1867. 



on. 



AN ACT to incorporate Freeport school district. in force Feb'y 



25, 1S67 



Section 1. Be it enacted hy the Feople of the State of 
llUnois, represented in the General AssemUy, that the terri- Name 
tory now constituting the city of Freeport, in Stephenson 
county, Illinois, is hereby constituted a school district, to be 
known as ^'Freeport School District." 

^ \ .'^^^^c^o^^i'^iri^ent of said district, for school purpo- Govermneut 
ses, shall be vested in a board of three persons, to be styled ^"^^°«'^«"- 
" Ihe Board of Education of Freeport School District," 
and whose term of office, respectively, shall be for three 
years, and until their successors shall be elected and quali- 
hed ; one member of said board to be elected annuallv, as 
heremafter provided, on the first Monday of June in each 
year. The present school directors of district number one, 
in township number twenty-seven north, of range number 
eight east ot the fourth principal meridian, county of Ste- 
phenson, and state of Illinois, shall be and constitute the 
hrst board of education of said Freeport school district. First board o 
On the first Monday of June next an election shall beheld ^^^^^"''°- 
by the legal voters in said Freeport school district for an Election. 
election ot one member of said board of education, in the 
Vol. Ill— 9 



66 



SCHOOLS, ETC. 



Notice of elec 
tion. 



place of the present school director aforesaid, whose term 
of office will Dext hereafter expire, ai:id on the first Monday 
of June, 1868, in like manner an election shall be held for 
the election of a member of said board in the place of the 

Term of office, school director as aforesaid, whose term will then next 
expire ; and on the first Monday of June, 1869, in like 
manner an election shall be held for the election of a mem- 
be of si-iid be»ard in the place of the school director as afore- 
said, whose term will then next expire, and annually there- 
after one member of said board shall be elected as afore- 
said. jS^otice of all elections for said district shall be given 
by the board of education, or by the clerk thereof, at least 
ten days previous to such election. Said notice shall specify 
the time and place of holding such election, and may be 
given by posting in three of the most public places in said 
district, or by publication in one or more of the newspa- 
pers of said city. Said notice shall also specifj the time of 

Judges. opening and closing the polls at such elections. Two mem- 

bers of said board of education shall act a? judges, and one 
shall act as clerk of said election ; but if said members 
shall fail to attend, or refuse to act, when present, the legal 
voters, when assembled, shall choose two of their number 

Clerk. "^0 act as judges and one as clerk of said election. If for 

any cause such election shall not be held on the regular 
days above named, such elections may be ordered as afore- 
said, and be held on any subsequent Monday ; notice there- 
of being first given as aforesaid. In case of a tie, the 
judges shall decide it by lot, on the day of election. So 
soon after each annual election as practicable, the said board 

'^ers^'^^" '"^"^' ^^^^^ appoint some legal voter of said district an alternate 
member thereof, and in case of a vacancy in said board, or 
of the absence of a regular member from the district, the 
said alternate shall have all the powers, and perform all the 
duties of a regular member, during said absence, or until 
said vacancy is filled by an election at the next annual 

Oath of office, election. The members of said board shall severally take 
an oath to discharge the duties of their office to the best of 
their knowledge and ability. Legal voters at general 
elections, only, shall be authorized to vote at school elections 
in said district. After every election of members of said 
board, the judges of the election shall cause the poll book 
of to be filed with the clerk of said board, with a certificate 
thereon, showing the names of the persons elected, and 
which shall be evidence of said election. 

Name and .style § 3. Said board of education shall be a body corporate 
and politic, by the name and style of "The Board of Edu- 
cation of Freeport School District," and may have a com- 
mon seal, and as such may contract and be contracted with, 
sue and be sued, plead and be impleaded in and before any 
tribunal having competent jurisdiction. 



Certifichte 
election. 



Power.' 



SCHOOLS, ETC. 67 

§ 4. It sliall be the duty of said board to hold quarterly Quarterly ses- 
sessioiiSj on the second Tuesday of April, July, October ^^°^^' 
and January, of each year, and they may meet by adjourn- 
ment at such other times as they may think proper ; and 
the president of the board, or any two members tliereof, 
may call a special meeting of the board by giving a verbal stated meeting 
notice of the times and place and object thereof, or leaving 
a written notice thereof at the residences of the other mem- 
bers of the board ; and at all the meetings a majority of the Quoium. 
members shall be a quorum, to transact business. Said 
board shall organize by appointing one of their number organization, 
president. They shall also elect a clerk, who may be a 
member of the board, and a treasurer, v/ho shall not be a 
member of the board, who shall hold their respective offi- p 

ces during the pleasure of the board, and until their suc- 
cessors shall be elected and qualified. It shall be the duty president 
of the president, when present, to preside at all meetings 
of the board, and it shall be the duty of the clerk to be 
present at said meetings, and to record, in a book to be pro- 
vided for that purpose, all the official business of said board ; 
which record shall be public and open to the inspection of 
any person interested ; and all said proceedings, when re- . 
corded, shall be signed by the president and clerk, and a copy 
thereof, certified by the clerk, shall be jprima facie evidence 
of such proceedings in courts and other places. If the 
president or clerk be absent, the board may appoint a presi- 
dent or clerk j!?r(9 tern. The treasurer shall execute to said Treasurer. 
board an official bond, with good and sufficient securities 
— such bond to be approved by the board — in such sums as 
the board shall determine, but to be, as nearly as can be 
ascertained, in double the amount of all the moneys that 
will at one time be in his hands, and conditioned for the 
performance of his duty as treasurer, and especially faith- 
fully to keep and, from time to time, pay over all moneys 
that he shall receive, as such treasurer, as he shall be direct- 
ed, by order of the board or required by law, to do. He 
shall keep a true and accurate record, in proper books for 
that purpose, of all moneys received and paid out by him, 
for what purpose, and upon w^iat and whose account ; but 
he shall pay out no money, except upon order of the board . 
For all moneys paid out he shall take and tile, with the 
papers of his office, proper vouchers ; and he shall settle 
his accounts with the board at least once in each year, and 
oftener if the board shall so require. 

§ 5. jS"o member of the board shall receive any com- compensation 
pensation for his attendance at the meetings of the board, boaTd.""^"""^ 
nor for the performance of its ordinary duties ; but for ex- 
traordinary services, reasonable compensation may be 
allowed, the board to determine what are extraordinary 
services, and the compensation therefor. The clerk and 



68 



SCHOOLS, ETC. 



Disposition 
fnnds. 



ol 



Control of funds 
of school dis- 
trict. 



treasurer shall receive such compensation as the board shall 
prescribe. 

§ 6. The treasurer shall, under the direction of the 
board, demand and receive, of the officer or officers having 
the custody thereof, any interest or other money from any 
school fund, or any other source, to which the Freeport 
school district or school district number one, hereinafter 
mentioned, or any part thereof, or the schools or the teach- 
ers therein, would be entitled if this act had not been 
passed ; and the money so received from such funds or 
sources shall be placed in the treasiu'y, to be used and 
expended, under the order and direction of the board, for 
the support of schools, and for school purposes, in the same 
manner as other funds that shall come into the treasury by 
taxation or otherwise. 

§ 7. Said board of education shall be the legal succes- 
sors of the school <iirectors of district number one, town- 
ship number twenty-seven north, range number eight east, 
of the fourth principal meridian, and shall have the entire 
and exclusive control of all school funds of said Freeport 
school district, or any part thereof, whether consisting of a 
portion of the school, college, seminary or township funds 
belonging and to belong to said district, or any part thereof, 
or derived from taxation, loans, interest or otherwise — to be 
Donations, etc. nscd by them as provided in this act; and they may receive 
any gift, grant, donation, devise, bequest or legacy made 
for the use of any school or schools or library, or other 
school purposes within their jurisdiction ; and they shall be 
and are hereby invested, in their corporate capacity, with 
the title, care and custody of all lands, lots, school houses, 
school libraries, apparatus, and other property belonging or 
appertaining to the common schools of the district or any 
of them, or which may be within their jurisdiction, with 
full power to control the same in such manner as they may 
think will promote the interests of schools or the cause of 
education, and not inconsistent with the provisions of this 
act; and when, in their opinion, it may be for the interest 
of said district to sell any lot or tract of land, or building, 
belonging to said district, or any part thereof, said board 
may sell and convey the same in the name of the board; 
and such conveyance, as well as other xionveyances, con- 
tracts and assignments of the board, shall be executed by 
the president and clerk of the hoard of education of Free- 
port school district, and the monevs of all sales and assign- 
luents shall be paid to the treasurer of the board for the 
benefit of the schools; and all conveyances of real and per- 
sonal estate and assignment of chosos in action, which may 
be made to said board, shall be made to said board in its 
corporate name ; and said board may purchase and hold 
such real estate and personal property as may be necessary 
for the establishment and support of schools; and such real 



Property, etc. 



Conveyances 
etc. 



SCHOOLS, ETC. 69 

estate as may bo purchased under any sale, upon execution 
or decree in favor of said board, or in satisfaction of any 
debt due the said board, and at any time thereafter may 
sell and convey the same. 

§ 8. For the purpose of erecting school houses, pur- indebtedness, 
chasing school-house sites or repairing or improving the 
same, or purchasing libraries or apparatus, it shall be hiw- 
ful for said board to borrow money at a rate of interest not 
exceeding ten per cent, per annum, and issue bonds there- 
for in sums of not less than one hundred dollars ; which 
bonds shall be executed by the president and clerk of said 
board, in the name of the board : Provided^ that the bonds 
issued by said board, and outstanding, shall not at any time 
exceed one per centum of the assessed value of the real 
and personal property of said district. 

§ 9. Said board may also, at any time when they may 
deem it necessary, borrow any sum or sums of money, for 
a term not exceeding one year, and at a rate of interest not 
exceeding ten per cent, per annum, to be expended for 
general school purposes : Provided^ that the total amount 
of money so borrowed and unpaid shall not, at any time, 
exceed one-half of one per centum of the assessed value of 
the real and personal property of said district ; and for the 
payment of the moneys so borrowed, the proceeds of the 
taxes first paid into the treasury thereafter, and not spe- 
cialh' appropriated by law, are hereby specifically pledged, 
and shall be applied in payment of the sums so borrowed 
in preference to any other debts. 

§ 10. If any judgment shall be obtained against said judgments and 
board, the party entitled to the benefit of such judgment executions. 
may have execution therefor as follows, to-wit : It shall be 
lawful for the court in which said judgment shall be ob- 
tained, or to which such judgment shall be removed, by 
transcript or appeal from a justice of the peace or other 
court, to issue thence a writ, commanding the board of edu- 
cation and the treasurer of said district to cause the amount 
thereof, with ten per cent, interest, and costs, to be paid 
to the party entitled to the benefit of said judgment, out 
of any moneys unappropriated of said district ; and if 
there be no such moneys, out of the first moneys that shall 
be received for the use of said district ; and to enforce obe- 
dience to such writ by attachment or by mandamus^ re- 
quiring said board to levy a tax for the payment ot said 
judgment ; and all legal process as well as writs to enforce 
payment of a judgment, shall be served either on the presi- 
dent or clerk of said board. 

§ 11. Said board shall, on or before the first day ot Taxation. 
August in each year, cause to be raised by taxation,' for 
school purposes, including the payment of any debts due 
or during the ensuing year to become due from said district, 
such an amount as they shall estimate will, together with 



70 SCHOOLS, ETC. 

the available means accruing from other sources, be re- 
quired for school purposes in said district, for the ensuing 
year ; and shall determine, as nearly as practicable, what 
K.-^ie.., etc. rate per cent., not to exceed three per cent, unless the debts 
to be paid require it, on all the taxable property in said 
district must be levied to raise the amount so estimated, 
and shall make an order therefor ; and the clerk shall enter 
the same upon the records of the board. It shall be the 
duty of the clerk of said board to make out a certified copy 
of said order, signed by the president of the board and at- 
tested by the cle'i'k, and, within ten days of the passage of 
said order, present the same to the clerk of the board of su- 
pervisors of Stephenson county. The tax so levied by the 
Assessments said board of education shall be assessed and collected in the 
«nd collections ^^^^^^ manner and at the same time, and by the same officer, 
that state taxes are assessed and collected within the limits 
of said district, and the proceeds paid to the treasurer of 
said board of education, after deducting therefrom one-half 
the per centage allowed for assessing and collecting state 
taxes. 

§ 12. The said board of education shall transact all busi- 
ness which may be necessary in relation to common schools 
in said district. 
School?. First. — They shall establish a sufficient number of com- 

mon schools for the education of every person, residing in 
said district, over the age of five years and under the age 
of twenty years, and shall make the necessary provisions 
for continuing said scliools in operation at least eight months 
in every year, or for such term as said board may think 
proper. 
Grounds and SecoiuL — They shall cause suitable lots of ground to be 
buildings. procured and suitable buildings to be erected, purchased or 
rented for school houses, and shall supply the same with 
Furniture, etc. fuel, fumiturc and apparatus ; and may cause said buildings 
or other property to be insured, and shall make all other 
provisions, relative to schools, which they may deem proper. 
General -uper- Third. — They shall exercise general supervision over the 
Tieion. common schools of the district, and shall, by one or more 

of their number, or by their agent or agents, visit each one 
of said common schools at least once a month, while they 
are in operation. 
Teacherf, etc. Fourtk. — They shall appoint all the teachers of said com- 
mon schools ; establish rules respecting their qualifications, 
and how the same shall be determined ; fix the amount of 
the salary or compensation uf such teacher, and may dismiss 
any teacher at any time. 
Book-^ and stu- J^ijth. — They may direct what branches of learning shall 
dies." Ije taught, and what books shall be used in each school: 

Frovided^ that instruction in such school shall be communi- 
cated in the English language. 



SCHOOLS, ETC. 71 

Sixth. — They shall have power to establish schools of Examinaticu of 
different grades, and the rules and regulations of the adrais- ^^^' ^* 
sion of pupils into the same, having regard to the qualifica- 
tions of the pupils ; and they may suspend or expel from 
the schools any pupil found guilty, on a full examination 
and hearing, of refractory or incorrigibly bad conduct. 

Seventh. — They may lay off and divide said Freeport Districts, 
school district into local districts, and from time to time 
alter the same or create new ones, as circumstances may 
require. 

Eighth. — They may appoint a board of three persons in Directors, 
each local district, to be denominated district directors, and 
prescribe, b}^ established rules and reo;ulations, the powers 
and duties of such directors, and remove them at their 
pleasure. 

Ninth, — They may appoint such other officers, commit- officers, agents, 
tees or agents as they shall deem best, and most conducive 
to the well being of the schools and school education in 
said Freeport school district. 

Tenth. — And generally, they shall have and possess all Management. 
the rights, powers and authority necessary for the proper Rule?, etc 
management of the schools and the school funds, with the 
power to make all such rules, orders and ordinances as 
they may deem necessary to carry their powers and duties 
into effect, and perfect a good system of public instruction 
and common schools in said district. 

§ 13. The several teachers of said public schools shall Teachers'dntiei 
keep schedules of pupils attending the schools, as is now 
required or may hereafter be required of teachers of schools 
by law ; and the said board of education shall make return 
and report to the state superintendent of public schools, 
or other proper officer, on all such matters and things as 
are or shall be required by law and the direction of such 
superintendent, or other proper officer, of any county or 
township officers ; and shall make such other reports as 
persons having the control of public schools are or may be 
required to make, by virtue of any law of this state. 

§ 14. Said board shall, at the end of each school year, Annual ftaie- 
cause to be prepared and published, in one or more of the 
newspapers published in the city of Freeport, a statement, 
exhibiting the condition of schools for the preceding year; 
which statement shall be substantially as follows, viz : 

I*irst. — The whole number of schools which have been ^^^^^^^ °* 
taught in said year. 

Second. — What number of teachers have been employed Number of 
in each school— stating the name of each teacher, the time ^^*^^^"- 
employed, and the compensation paid. 

Third. — The whole number of scholars in all the schools — Number of 
giving the number of males and females in each school, ^^^®'*"- 
separately, and the average in attendance. 



Boundarie! 



Additions. 



72 SCHOOLS, i:tc. 

Funds. FoxirtL — The amount of all the funds received into the 

treasury during the year, and the sources from whence it 
was received — stating the amount received from each 

source. 

J^ifth. — The amount paid out — stating, in every case, for 
what and to whom paid. 

Sixth. — The amount and kind of unexpended funds on 
hand at the end of the year. 

Seventh. — A statement of the total amount received and 
the total amount paid out for school purposes during the 
year. 

§15. All of the territory v/hieli, at the time of the 
passage of this act, or at any time hereafter, may be em- 
braced in the corporate limits of the city of Freeport, shall 
be included and constitute a part of Freeport school dis- 
trict; and any tract or tracts of land adjoining said district 
may be annexed to it, on condition that three-fourths of the 
legal voters residing within the limits of said tract or tracts 
shall petition the board of education to be annexed to said 
district, and that their petition shall be granted by the 
unanimous vote of all the members of said board. When- 
ever any territory shall be so annexed to and become a 
part of said district, all the provisions of this act shall be 
applicable to it, in the same manner as they would have 
been if it had been embraced within the district at the time 
of the passage of this act. 
Neglect of duty. § 16. For any ueglcct or failure by the said board of 
education, or of any member thereof, to fulfill the duties 
required of or imposed upon them by any ol the provisions 
of this act, they shall be liable to a penalty of fifty dollars, 
to be recovered in an action of debt, at the suit of any per- 
son who may complain ; and any member of said board 
who shall appropriate to his own use any of the funds that 
may come to his hands, or under his control, belonging to 
said district, for school purposes, shall be deemed guilty of 
a misdemeanor, and, upon conviction thereof, shall be fined 
in any sum not exceeding five hundred dollars, and impris- 
onment in the county jail not exceeding one year. 

§ IT. The provisions of the last preceding section shall 
be held to apply to the clerk, treasurer, or any other officer 
or agent elected or appointed in pursuance to this act. 

§ 18. All prior acts or parts of acts inconsistent with 
the jjrovisions of this act are hereby repealed ; and any act 
of the general assembly now in force or hereafter enacted 
shall not be construed in any manner to repeal, alter or 
change any uf the provisions of this act, unless such act 
shall specifically provide tor such repeal, alteration or 
change. 

% 19. This act is declared to be a public law, and shall 
take effect and be in force from and after its passage. 

Approved February 25, 1867. 



Application 
.section. 



of 



Conflicting acts 
repealed. 



SCHOOLS, ETC. 73 



AN ACT to establish the Grecnbush School District, in Warren countv, in force Feb'y 

Illinois. ■ 25, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ Tliat the Boundaries, 
lands contained within the following boundaries, to- wit: 
Commencing at the northeast corner of the northwest quar- 
ter of section thirty-three (33), township nine (9) north, 
range one (1) west ; thence running west to the northwest 
corner of the northeast quarter of section thirty-six {^6(j)^ in 
township nine (9) north, range two (2) west ; thence south 
to the southwest corner of the southeast quarter of section 
twelve (12), in township eight (8) nort h, range two (2) west; 
thence east to the southeast corner of the southwest quar- 
ter of section nine (9), in township eight (8) north, range 
one (1) west; thence north to the place of beginning, be 
and are hereby constituted a permanent school district, by 
the name of " The Greenbush School District," by which ^'a^e. 
name it shall be capable of suing and being sued, contract- 
ing and holding real and personal estate, and have such 
other general powers as the directors shall or may have by 
law. No territory shall be taken therefrom except by act 
of the legislature. ^ ^^ 

§ 2. The school land, school fund and all other real or i>i^^ ^^'^l®'^' 
personal estate of the four townships in which said district ^^^ ^^ ^ ^ 
is situated, shall be divided between said district and ff^. 
remaining portions of said townships, as follows, ^'^^{'i* 
The trustees of schools of each of the said townp-'^^P^ shall, 
within three months after the passage of this act, ^PP^^J]| 
two commissioners for their respective townships, ^y^^^^^^jfj^. 
be respectable householders, one of whom shall^re^'^^j^ ^ ^^^ 
in such district and the other in the ^^"^^^^^jfoi-ni the duties 
after being duly sworn well and trulv ^ '' , ^ ^1^^ whole 
of their office, shall ascertain, a^ r""^^ ^^ n .J^^^l ..noATOQVQ 
numbpr of whiteF^rsons -^^^'erthe age of twenty^one years 
in the whol^ of thoix respective townships, and the propoi- 
tion thereof residing within the portion ot their townships 
embraced Ik said district, and the proportion without said 
district; and in that proportion shall they divide and appor- 
tion t^ie funds and real and personal estate, belonging to 
suoii townships, between said district and the remainder ot 
such townships, and shall, as speedily as possible, make a 
full return of their proceedings to the trustees ot their re- 
spective townships ; and the trustees of said townships shall 
have power to make new appointments, from time to time, 

in case of neglect or refusal to act, or for other good cause, 

till the provisions of this act are complied with. 

§ 3. The trustees of schools of said townships shad, ^^^^^^y l\^l^, 

immediately upon such division being reported to them, funds. 

pay over and deliver to the directors of the Greenbush 
Yol. Ill— 10 



Directors. 



74: SCHOOLS, ETC. 

scliool district its proportion of the school fund cxnd evi- 
dences of loans and other personal estate, and shall convey 
to such district its proportion of any and all real estate, 
owned by such townships, for the use of schools. In such 
division the real estate owned by districts or by the town of 
Greenbush, for school houses, shall not be taken into con- 
sideration, but only township property. 
Abstract of chii- § ^. The board of directors of such district are hereby 
'i^^"- required to make out and furnish, or cause to be made out 

and furnished to the school commissioner of Warren county, 
an abstract of the whole number of white children, under 
the age of twenty-one years, at the times and in the manner 
required by law of other school officers, under the general 
laws of the state; and the school commissioner or other 
proper officer shall pay to the treasurer of said district its 
Payment ot pi'opor proportion or share of the school, college and semi- 
fiinds. nary funds, of the two mill tax, interest, lines, or other 

moneys distributed according to the laws in force for each 
apportionment or distribution— treating said district, for 
this purpose, the same as a township. 

§ 5. That Thomas J. Shreves, Stephen Liavisans and 
John Bowman are hereby appointed school directors in said 
district, who shall hold their office till the lirst Monday in 
^, ^ August, A. D. 1867, and till their successors are duly elect- 

^"""^ ed and qualified. In case of a vacancy, by death or other- 

wise, the remaining director or directors shall fill such 
vacancy by appointment; and the person or persons so 
fV^l^ ^nfed shall hold th^ir office and perform its duties until 
the neA- ^own election, when the people shall be permitted 
j^^^^^^. ^^'<^te upor. the tilling of such vacancies. 

reasmer. ^ ^^Q^^ 'Pl^^ directors of Said district shall annually appoint 
shall reel mi v.^^^^'^ ^^^^^^ ^®' ^^^-offi^^o, clerk of the board, and 
district a bond^' ^^"^ ^^ execute to the Greenbush school 
and property with wfe'\^^^^^^ ^^^ ^^^^'^^ f !^^ ^'"''^' 

time conditioned as the bonSsl^-y ^Vv''7'''^ ' ^''^l'\' 
hnn r1 o cin oil 1 J^ ', "^..'''^ V"'^^^^''^ treasurers; which 
b^nds shall be filed with the sci.ool co.on,issioner of 
Warren county, and the same shall be a lien upon all the 
rea estate of the obligors thereto from the time the same 
shall be so filed. The directors shall have powers require 
additional security from the treasurer at any time, aM shall 
be personally responsible for the solvency" of the security 
taken upon his bond. ^ 

r^uBtodyofprop- § 7. The treasurer shall have the custody and manage- 
ment of the money, securities and property belonging to 
said district, subject to the direction of the directors thereof. 
-tie shall keep a record of all the proceedings of the board of 
directors. 

Powers of direc- § 8. The hoard of dircctors of said district, or any two 
ot them, (who are hereby made a quorum to do business), 
shall have power : 



SCHOOLS, ETC. 75 

First. — To buy grounds and sites for school houses. 

Second. — To hire, purchase or erect houses and buildings, 
to be used for school purposes, and to keep the same in 
repair. 

TJiird. — To furnish schools with the necessary fixtures, 
furniture and apparatus. 

Fourth. — To graduate the schools into as many depart- 
ments as the educational wants of the district may require; 
to fix the studies to be taught in each department thereof, 
and to prescribe the books to be used. 

Fifth. — =To employ and lix the compensation of teachers, 
and to maintain, support, establish and carry on public 
schools in said district, for as many months in the year, 
(not less than nine months) as they may deem proper. 

Sixth. — To borrow money, and also to levy, annually, 
and have collected in the same manner as other school 
directors, for school purposes, a tax, not exceeding two dol- 
lars on one hundred dollars assessed valuation of all the 
taxable property in such district, as subject to taxation 
therein. 

Seventh. — To adopt such rules and regulations concern- 
ing schools, not inconsistent with this act and the general 
school laws of this state, as they may deem expedient. 

Eighth. — And generally to have all the powers confer- 
red by law upon school directors, as necessary to carry any 
of the foregoing powers into effect: Provided, always, that 
this section does not confer upon the directors power to 
erect buildings or purchase sites for buildings, whereby 
Green bush District shall incur a debt, without Urst su^^'f^'^' 
ting the question of erecting such buildings or pu^i^^^^^S 
such site to a vote of the people, at any town ^^^^^^^.^ainc 
upon the petition of a majority of the tax -payers - 
in said district^ , ,omct may admit Admi^^^^^^ 

^9. The directors ot said scho(^.i^ ^Y\q public schools 
pupils, from without such disb;:^^^ ^ such terms and 
thereof or to any depai'tme-;^; ^^^ ^^^^H also, have 

"otVr Ulr 'o^: SrSo^'for the adn^ission of pupils to 
Lch schooir^ addition to the public moneys which they 

""flf^'All moneys arising from any fines or penalties Bispof- ^' 
under this act, or for a violation thereof, and al moneys 
arising from licensing ol saloons withm the hmits of said 
district, shall be paid^over to the treasurer ot said district, 
and be added to the principal of the school tund, to be 

loaned as other moneys. j ^ • <.^^^of interest-rate». 

S 11 The school fund shall be kept loaned at interest, 
at the rate of ten per cent, per annum, payable semi-annu- 
ally, in advance. No loan shall be made tor a linger period 
thaA three years, and all loans exceeding one hundred dol- 
lars shall be secured by unincumbered real estate ot double 



76 



SCHOOLS, ETC. 



Notes and secu- 
rities. 



Expenses. 



Deceased per- 
sons' debts. 



Interest for de- 
fanlt of pay- 
ments. 



Judgements. 



>,. 



•ties. 



Additions. 



the value of the sum loaned, exclusive of the value of per- 
ishable improvements thereon. For sums of one hundred 
dollars and less, two good sureties, besides the principal, 
shall be required. 

§ 12. All notes and securities shall be taken payable to 
the Greenbush school district, and in that name all suits and 
actions may be had. 

§ 13. All expense for preparing or recordinof securities 
shall be paid by the borrower. 

§ 14. In the payments of debts of deceased persons, 
those due the school fund shall be paid in preference to all 
others, except expenses attending the last illness and 
funeral of the deceased, not including physicians' bills. 

§ 15. If default be made in the payment of interest or 
principal, when due, interest at the rate of twelve per cent, 
per annum, upon the same, shall be charged from the time 
of such default, and may be recovered by suitor otherwise. 
Suits may be brought for the recovery of interest only when 
the principal is not due. 

§ 16. All judgments recovered on the loan of school 
moneys shall bear interest at ten per cent, per an* 
num, from the rendition thereof till paid ; and in case of 
the sale of real estate, said district may become the pur- 
chaser thereof. On redemption, ten per cent, per annum, 
from the day of sale, shall be paid. 

g IT. If the security of any loan should, at any time 
before the same is due, become, in the opinion of the trea- 
surer or directors, insecure, the treasurer shall notify the 
i-^v^j-^ indebted ; and unless satisfactory security is given 
lJ '^-h, judgment may be recovered thereon as in other 

|\J^'iie^^er the debt be due or not. 
be'charo-eafe^^'^^^ i" '^^J jwdicial or other proceedings shall 
§ le."" Any pgfest said district. ^ 

ding thereon, within ofe^^^^ *^^ ^^^^®" ^^ ^^"^ ^"^^ ^^^^' 
may, with his written consL^^^" ^^^ f ^joining said district 
his township, be annexed to said^5\i^f! fT' 

as the directors thereof mav impose "' ^^^'^ '"'^' '^''''' 



Application of 
laws. 

Compensation 
of trcajurer. 




the directors may prescribe. 

§ 22. This act is hereby declared a public act, and sh?Jl 
bo^in force from and after the first day of February a. d. 

ArpKovED February 25, 1867. 



SCHOOLS, ETC. 77 



AN A.CT to amend an act entitled "An act to incorporate the Lacon Union In force Feb'y 

School District." 25, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly. That the Alteration of 
act of the general assembly of the state of Illinois, apjjroved ^^°"'^' ^^•^• 
February 16, 1857, be amended so that the words "one and 
one-half per cent." be inserted in the sixth line of the 
seventh section of said act, instead of the words now 
therein, to wit: "one-half of one per cent. ; " and that the 
words "two per cent." be inserted in the sixth lino of the 
eighth section of said act, instead of the words now therein, 
to-wit : " five mills on the dollar ; " and that the words 
"ten per centum" be inserted in the fourteenth line of the 
said eighth section of said act, instead of the words now 
therein, to-wit : " two per centum; " and that the said board 
of education, mentioned in the act to v/hich this is an 
amendment, be hereby authorized and empowered to pro- 
ceed, in all respects, as empowered by tlie act last aforesaid, 
to levy and collect said taxes, and borrow monc}", and ap- Borrow money, 
propriate the same in the manner and at the rate indicated ^*^* 
by this amendment. 

.Approved February 25, 1867. 



AN ACT to incorporate the Rock Ishmd German and English School So- in force Feb'y 

ciety. 25, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That John Corporators. 
Peetz, Joseph Koseniield, Kobert Koechler, Michael Koch, 
Conrad Speidel, Alexander Glockhof, and their associates 
and successors, are hereby created a body politic and cor- 
porate, by the name and style of " The Rock Island German Kame and style 
and English School Society ; " and by that name and style 
shall have perpetual succession ; have the right to contract 
and be contracted with, to sue and be sued, plead and be Powers, 
impleaded; to have and use a common seal; to acquire, 
take and hold real and personal property, by purchase, 
grant, devise or otherwise ; to dispose of and convey the 
same ; to borrow money, and give mortgages on their pro- 
perty, for the purpose of repairing or enlarging their school 
house, or erecting or otherwise acquiring a school house or 
school houses, and of carrying on their school or schools, 
but for no other purpose ; to make and establish by-laVs, 
and alter or repeal the same ; and to have and to exercise 
all other powers and privileges necessary to carry out the 
purposes of this act. 



78 SCHOOLS, ETC. 

Objects. § 2. The object of the society shall be the establish- 

ment, maintenance and promotion of a German-English 
school or schools in the city and county of Eock Island. 

Keiigious tests. § 3. ]S'o rcligious tcst shall ever be required in said 
society, of any member, teacher or scholar. 

officers-vaean- § i- The socicty may elect from its members a board of 

ciea-eiections. dircctors, in such number and manner, and at such time 
and place, and for such a length of time, as may be provi- 
ded by the constitution and by-laws, and may fill vacancies 
in such manner as shall be specified in the constitution and 
by-laws. In case an election of said board shall not be 
held on the day designated, it shall be lawful to hold such 
election on some other day. The members of this board 
of directors shall, from their own number, elect a president, 
a secretary and a treasurer ; and the persons so elected shall 
also be president, secretary and treasurer of the society. 
The powers and duties of said board .of directors shall be 
such as the constitution and by-laws of said society provide. 

Articles— rule?. § 5. The articlcs of the said Rock Island German and 
English School Society, and the by-laws, rules and regula- 
tions of said society, heretofore formed, not inconsistent 
with this act, shall be and remain the rules, regulations, 
articles and by- laws of the corporation hereby created, until 
repealed or changed by said society ; and all the property, 
both real and personal, heretofore acquired, rights and 
credits of said society, shall be and are hereby vested in 
the corporation hereby created ; and all the liabilities of the 
society heretofore incurred shall be and are hereby declared 
liabilities of the corporation hereby created, with full power 
in said corporation to maintain actions for the recovery of 
any such property, rights and credits, if necessary, whether 
the same have accrued to said society by voluntary sub- 
scription, dues, fines, tuition or otherwise. 

Dissolution. § 6- This socicty shall not be dissolved by vote of its 

members, so long as twelve members vote for a continuance 
of the same. 

Tax oxemption. § '^- The property, both real and personal, of said soci- 
ety, shall be exempt from taxation : Provided, the value of 
said property shall not exceed twenty-five thousand dollars. 
§ 8. This act shall be deemed a public act, and take 
eftect from and after .its passage. 
Approved February 25, 1867. 



SCHOOLS, ETC. — SKATING ASSOCIATIONS. 79 



AN ACT to authorize the school directors of district No. 1, T. 2 N., R. 2 E., In force Feb'y 
Marion county, to purchase real estate. ^^' ■^^^'^» 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the Property de- 
school directors of school district number one, (1,) in town- ^^"^®'^* 
ship number two (2) north, range two (2) east, in the county 
of Marion, and state of Illinois, be and they are hereby 
empowered and authorized to purchase two (2) town lots, 
adjoining the lot on which the public district school house 
in the town of Salem, in said district, is situated, at such 
price as they may consider just; and that the said school 
directors are hereby authorized to levy a tax on the pro- Taxes, 
pert}^ in said school district, subject to taxation for other 
school purposes, to pay for the said two adjoining lots. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved February 25, 1S6T. 



AN ACT to incorporate the Washington Skating Association. In force Feb'y 

21, 1S67. 

Section 1. Be it enacted hy the Feojple of the State of 
Illinois^ represented in the General Assembly, That U. R. 
Hawley, Alfred Cowies, Gyobert DeClercy, Samuel Bar- 
num, Samuel B. Raymond, George G. Street, John C. 
Fuller, George Mason, Milford D. Buchanan, and their 
associates and successors, be and the same are hereby cre- 
ated a body politic and corporate, with full power to sue 
and be sued, contract and Idq contracted with, under the 
name and style of " The Washington Skating Association ;" Name. 
and the said corporation shall have a common seal, and 
perpetual succession. 

§ 2. The capital stock of said company shall be twenty- capuai stock. 
five thousand dollars, with power to increase the same to 
two hundred thousand dollars, to be subscribed and paid 
for in the manner prescribed by the by-laws of the said 
corporation, and divided into shares of one hundred dollars 
each. 

§ 3. The said company shall have power to purchase or powere. 
lease and hold real estate in the county of Cook, not ex- 
ceeding ten acres in extent, for the purpose of using the 
same as a skating park, or as ball or cricket club grounds, 
or for establishing a swimming pond, or for a riding or 
driving park, or for holding fairs or public meetings, or for 
a gymnasium, or for erecting thereon a skating rink, or skating rink, 
such other buildings as may be necessary for such and 



80 



By-law i- 



SKATING ASSOCIATIONS. 

similar purposes; and may sell, convey, lease or mortgage 
the said buildings, and the real estate of the said company, 
or any portion thereof, at pleasure. 

§ 4. Said company may do and perform all acts and 
exercise all powers that may be necessary to carry out the 
full objects of this act, and may make such by-laws and 
rules as shall be necessary or convenient for the regulation 
and manao;ement of its affairs. 

§ 5. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Approved February 21, 1867. 



In force March 
7, 1SG7. 



AX ACT to incorporate the Hyde Park Skating Company. 



Capital stock. 



Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assetnbly^ That C. M. 

Corporator?. Cady, Gcorgc W. Waite, Paul Cornell, H. B. Boque, J as. 
P. lioot, E.^'G. Clark, W. H. B. Hoyt, 11. JN". Hibbard, are 
hereby made and constituted a body corporate and politic, 
with perpetual succession, and all the rights, privileges and 
immunities, and subject to the liabilities, of a body corpo 
rate and politic. 

Busines?. § 2. Said compauy are authorized to locate and operate 

a skating park in the town of Hyde Park, Cook county, 
Illinois, and charge for the admission of persons thereto, 
and own so much real estate as they may deem necessary 
for the objects of the corporation ; or may lease ground for 
that purpose. The capital stock shall be ten thousand dol- 
lars, to be subscribed and paid in in the manner and at the 
times provided by the directors. It shall be divided into 
shares of ten dollars each, to be deemed personal property, 
and transferable as such on the books of the company, in 
the manner provided in the by-laws. The persons herein 
flamed sliall be the first board of directors, and shall hold 
their office until their successors are chosen, at the time 
and in the manner provided by the by-laws. Each share 
of stock shall entitle the holder thereof to one vote in the 
election of directors; and the board of directors shall con- 

officers, a.!:?ont.s, sist of scvcii Stockholders. The board shall be authorized 
^^^' to appoint such officers and agents as they shall deem 

necessary, and prescribe their powers and duties. They 
may sell or dispose of any real estate not required for the 
nse of the company, and may make all by-laws and rules 
necessary for the government of the company and its mem- 
bers. 

§ 3. This act shall be a public act, and take effect from 
and after its passage. 



Directors. 



Share voto. 



soldiers' home. 81 



AN ACT to incorporate the Soldiers' Home in tlie city of Cliicaf^o. -lo loixe Feb'j 

WiiEKEAS certain citizens of the city of Cliicago and state Pi-oamhio. 
of Illinois, to-wit: Thomas B. Bryan, James B. Brad well, 
Mrs. U. D. Eanuey, Mrs. Ambrose Foster, Mrs. E. W. 
Bray man, L. J. Gage, Mrs. Myra Brad well, Mrs. C. AV. 
Andrews, Mrs. R. S. Ball, Mrs. JE. S. Brackett, Mrs. II. L. 
Bristol, Mrs. W. D. Blain, Miss £. A. Blakie, Mrs. Tho- 
mas Church, Mrs. Dr. C. M. Clark, Mrs. D. Degenhart, 
Mrs. E. F. Dickinson, Mrs. J. M. Harvey, Mrs. J. G. Ham- 
ilton, Mrs. Dr. R. C. Hamill, Mrs. E. "liiggins, Mrs. Dr. 
E. Ingalls, Mrs. Kimbal, Mrs. James Long, Mrs. J. M. 
Loomis, Mrs. Mary A. McAlla, Mrs, J. H.Moore, Mrs. 
W. L. Myrick, Mrs. Joseph Medill, Mrs. J. D. Quinlan. 
Mrs. C. W. Sanford, Mrs. G. Schneider, Mrs. T. Sutton, 
Mrs. C. B. Sawyer, Mrs. J. C. Shepley, Mrs. M. L. Mc- 
Auley, Mrs. S. C. Sayers, Mrs. S. Tinkham, Mrs. W. 
Wheeler, Mrs. S. S. Williamson, Mrs. J. M. Underwood, 
Mrs. P. Lamb, Mrs. L. A. Willard, Mrs. Thomas B. Bryan, 
Mrs. O. E. Hosmer, Mrs. C. H. Gushing, Mrs. Mancell 
Talcott, Richard J. Oglesby, J. H. Dunham, J. Young 
Scammon, Dr. R. C. Hamill, John A. Logan, Yan H. 
Hiofgins, B. M. Prentiss and Gen. T. O. Osborne, who 
have been associated together as a voluntary association for 
about four years, and known as " The Soldiers' Home in 
the City of Chicago," the object of which was to furnish a 
comfortable home for all needy Illinois soldiers or sailors, 
who had been honorably discharged from the service of the 
United States, and were unable, from wounds or sickness, 
to support themselves by the ordinary avocations of life ; 
and whereas this voluntary association, known as the sol- 
diers' home in Chicago, lias erected a soldiers' home, which 
is now in successful operation ; now, therefore, more fully 
to carry out the objects and purposes uf said voluntary asso- 
ciation. 

Section 1. Be it enacted by the Peojple of the State of 
Illinois^ represented in the General Assembly^ That the 
several persons hereinbefore named, and who have been 
acting as such voluntary association, under the name of the 
soldiers' home in Chicago, and such other persons who 
shall become associated with them, and their successors, 
are hereby constituted a body corporate and politic, by the 
name and style of "The Soldiers' Home in Chicago^'' and ^'ame. 
by that name shall have perpetual succession ; and shall 
have power to contract and be contracted with, to sue and Powei-?. 
be sued, to plead and be impleaded, and to do and perform 
all such acts and things as are and may become necessary for 
the furtherance and advancement of the purposes of said 
corporation, as fully and as completely as a natural person 
might or could do. 

Yol. Ill— 11 



82 soldiers' home. 

Objects and pur- § 2. The objects aiid purposes of said corporation are, 
pase?. ^^ furnish a comVortable home for needy Ilhnois soldiers or 

sailors who have been or shall hereafter be honorably dis- 
charged from the service of the United States, and shall be 
unable, from wounds or sickness, to support themselves by 
the ordinary avocations of lite ; and to do and perform such 
other acts, in aiding, caring for and educating needy Illinois 
soldiers, or their children, as the board of managers, in 
their judgment, may deem right or proper. 
Seal. g 3. Xhe said corporation, hereby created, may have a 

Possession of Seal, and change the same at pleasure ; may receive, take 
property. ^^jj^ hold, either by gift, purchase, bequest or otherwise, 
any real or personal estate for the use and for the advance- 
ment of tiie purposes of said corporation, whether the same 
be purchased, given, devised, bequeathed or conveyed di- 
rectly to said corporation or to any of its officers, for the use 
of said corporation ; and all real and personal property 
held by or fur the use of said corporation shall be exempt 
from taxation, and not liable to any tax or assessment levied 
or imi««)Sed by virtue of the state, county, town or city 
authorities. No real estate to whicli said corporation shall 
acquire title shall be alienated or sold, except by a majority 
vote of the managers, at an annual meeting or at a special 
meeting, to be called for that purpose, to be specified in 
the notice of such meeting, and then only for the objects 
and purposes for which said corporation is created. 
Officers I 4. The officers of said corporation shall consist of a 

president, two vice-presidents, secretary, treasorei*, and as- 
sistant treasurer, and such other officers as may be found 
necessary to carry out the purposes of the corporation ; all 
of whom shall be chosen by the board of managers m such 
manner, at such time and place and for such term as said 
board shall provide ; and they shall require the treasurer 
and assistant treasurer to give bonds, with good security, 
for the faithful discharge of the duties of their respective 
offices, in a penalty double the value of the money and 
property that may come into their hands at any one time. 
Oovernm&Tii § 5. The officers and managers aforesaid, and their succes- 

sors in office, shall have the control and management of the 
official and other concerns of said corporation, together with 
the estate of every kind. They shall have power to form 
such constitution and make such regulations and by-laws, 
not inconsistent with the constitution and laws of this state 
or of the United States, as may, in their opinion, contribute 
to the good order and management of said corporation; 
and they may, from time to time, modify and repeal the 
same at their pleasure ; and they may determine the num- 
ber of managers that shall constitute said board, and may 
determine what number shall constitute a quorum for the 
transaction of business. They shall, also, have power to 
make rules for the government, disposal and discipline of 



SQUARE ASSOCIATION. 83 

those who shall be received as inmates, and to enforce the 
same. 

§ 6. The persons named in the first section of this act First board of 
shall constitute the tirst board of managers of said corpora- "^*'^*s®"- 
tion, and shall hold their offices until their successors are 
elected and qualitied, as may be provided by said board. 

§ 7. It shall be the duty of the president and secretary Reports of con- 
to report to the legislature uf the state, in writing, and tu ^'^'o"- 
file the same with the secretary of state ten days before the 
tirst da}^ of each and every regular session thereof, the con- 
dition of the institution, the number of soldiers entertained 
and cared for, also the amount of expenses, giving items 
and dates, and such other information as they may think 
proper to transmit. 

§ 8. The present officers of the soldiers' home in Chi- Tenure of pies- 
cago shall hold their offices until the annual meeting on the ^"*^ o^^^^""^- 
tirst Friday of June next, and the constitution and by laws 
of said voluntary association shall remain in lorce until 
changed by said corporation. 

§ 9. That there be appropriated to said corporation the Annual appro- 
sum of twelve thousand dollars, per annum, fur two years ; p^ations. 
and the auditor of public accounts is hereb}^ directed to 
draw his warrants for twelve thousand dollars, cash, on the 
treasury, in favor of the treasurer of said corporation, on 
the first Monday of September, for two successive years, 
commencing with next September; and upon the treasurer 
of said corporation presenting such orders to the treasurer 
of state, it shall be his duty to pay the same. 

§ 10. This act shall take effect and be in force from and 
after its passage. 

Approved February 28, 1867. 



AN ACT to incorporate the Vincennes Square Associatiou. In foi-c© March 

1, lSo7. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represetited in the General Assembly, That llenrj^ 
W. Bi>hop, jr., George Taylor, Edward S. Isliain and Nor- 
man Williams, jr., and their associates, successors and 
assigns, be and are hereby created a body politic and cor- 
porate, under the nam© and style of ''The Yincennes Namo and style 
Square Association," with all powers, rights, privileges and 
immunities incident to corporanons, and necessary or use- 
ful for the purposes of this act. 

§ 2. The capital stock ot said association shall be fifty capital stock. 
thousand dollars, and be divided into shan s of one hun- 
dred dolhirs each, and it may be increased, from time to 
time, as a majority of the stockholders may direct, and 



tor- 



84: STEAMBOATS. 

shall be issued and transferred in such manner and under 
such conditions as the directors of said company shall, by 
the by-laws thereof, prescribe. 

Boai-a of direo- ^ 3. Tlic corporatc powers of the said association shall 
be vested in and exercised by a board of directors, consist- 
inu" of such number of persons, not less than three nor 
more than seven, as the stockholders of said association 
may, from time to time, direct. The said directors shall be 
chosen by the stockholders, at such time and place as may 
be iixed by the by-laws of the said association, and shall 
hold their offices for one year, and until their successors are 
elected and qualified. The}^ shall elect one of their num- 
ber president of said association, and may till any vacancy 
in the said board, occasioned by death, resignation or other- 
wise, for the unexpired portion of the term of office so be- 
coming vacant ; and may make such rules, by-laws and 
regulations, and appoint such officers and servants, as they 
may, from time to time, deem expedient. Until an election 
of directors as herein provided, the persons named as cor- 
porators in the first section of this act, shall constitute a 
board of directors, and shall have and may exercise all the 
powers ot such board. 

ro.-se.-.Mon uf § 4. The said corporation shall have power to accjuire, 
by purchase or otherwise, and to hold and convey ♦i-eal 
estate, in the county of Cook, not exceeding eighty acres, 
and may lay out, subdivide, plat and sell the same at plea- 
sure. It may borrow money, and secure the same or any 
of its indebtedness, by mortgage or deed of trust of its 
corporate property, or by other security, in such manner as 
the said directors may think fit and proper. 

§ 5. This act sliali be deemed a public act, and take 
ofiect from and after its passage. 
Approved March 1, 1867. 



real estate, etc. 



k 



III force Fei/y A\ ACT to iiicornorate the Evansville and Cairo Packet Company. 
'J, 1807. ' - ' 

Section 1. Ik it enacted by the Peo])le of the State of 
Illinois^ represented in the General Assembly^ That John 
Gilbert, A. Lemcke, II. T. Dexter, L. A. Fowler and R. K. 
Dnnkerson, and their successors, are hereby created a body 
Niirnc HI.. I style Corporate and j,olitic, by the name and style of " The Evans- 
ville and Cairo Packet Company," and by that name may 
sue and be sued, plead or be impleaded, and defend and 
be defended, in all courts of law and equity in this state, 
and in all courts and places whatsoever ; and may have and 
use a common seal ; may contract and be contracted with ; 
and make, establisli and put in execution such by-laws, 



STEAMBOATS. 85 

resolutions and rules and regulations as may be necessary 
to carry on the business of such company, not being con- 
trary to the laws of this state or of the United States, or 
inconsistent with the provisions of this charter ; and may 
do and put in execution all such acts and things as may be 
required to carry into effect the provisions of tliis act. 

§ 2. The capital stock of said company shall be one capital stock, 
hundred and twenty-five thousand dollars, to be divided 
into shares of one hundred dollars ; and the said company 
shall be authorized to purchase, charter and build steam- 
boats, barges, wharf b<jats and all other water craft, ana to 
have and to hold all other personal property necessary to 
the carrying on of the business of said company ; to trans- 
port passengers, stock, produce and freight of all kinds, 
from and to any point or points on the Ohio and Missis 
sippi rivers and their tributaries ; to purchase or lease all 
such landings or wharves as may be required for the business 
of the company ; and, also, to keep and maintain a provi- 
sion and furnishing store at Cairo or Evansville, or else- 
where, which may be necessary to carry on and facilitate 
the business of said company. 

§ 3. That the fiscal affairs and all the concerns of said Board of direc- 
company, and the management and control of its property 
and business, shall be vested in a board of not more than five 
nor less than three directors, as the stockholders, by their 
by-laws or resolutions, shall determine ; the directors to be 
elected by the stockholders on the first day of October, in 
each year, after the first election — each share entitling the 
stockholder to one vote. 

§ 4. That the stockholders, at any annual or other meet- increase of cap- 
ing, may increase their capital stock as the business of the 
company may require. 

^ 5. 'That the' said pJohn Gilbert, A. Lemcke, H. T. stock subscnp- 
Dexter, L. A. Fowler and R. Iv. Dunkerson, may open 
books for the subscription of stock in said company ; and 
whenever the subscription shall amount to fifty thousand 
dollars, they or any one of them may, by notice published 
for ten days in any newspaper published in the city of 
Cairo, call a meeting of the stockholders to elect a board of 
directors, and upon such election said company may com- 
mence their said business. The board of directors shall officers. 
elect the president of the companv, and all other ofticers 
necessary to carry on the business of the company. They 
may causethe subscription books to be continued oj^en until 
the wliole of the stock is subscribed, or may hold, sell or 
dispose of the same as they may think best. They may saie and traas- 
prescribe how the stock may be sold and transferred, and ferof ctock. 
may do all othej* things necessary to the etiectual carrying 
on of the business of said company. 

§ 6. This company shall engage in no other business Borrow money, 
than that for which it is incorporated, and shall be authori- 



86 STEAMBOATS. 

zed to borrow money, if deemed necessary to do so, not 
exceeding one-half of its capital paid in ; and may issue 
their bonds, secured by mortgage or deed of trust upon the 
propei'ty, rights and privileges of the company, for its secu- 
rity and re-payment, or sell bonds on such terms as a ma- 
jority in interest of its stockholders may consent to. 
stockholders- ' § T. The stockholders in said company, for all dues, 
liabilities. indebtedness and assessments of and against said company, 
shall be liable individually only to the amount of stock held 
•or owned by them ; and the president and board of direc- 
tors may adopt such rules and regulations, for the govern- 
ment and conducting of the business of the company, as 
they may think advisable ; but shall not be permitted to 
limit, by by-laws, their liability as common carriers. 

§ 8. This act to be UA^jmed a public act, and to take 
effect from and after its passage. 
Appkoyed February 9, 1867. 



In force Feb'y AX ACT to incorporate the St. Louis and Quincv Packet Conipanv. 
•J?. 1S67. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That Thomas 
Jasper, Lewis Angle, A. J. F. Prevost, Henry Allen, Benj. 
P. Clifford, Abraham McPike, Joseph S. Mackey, John 
Wheeler, Samuel E. Segar, Frank Burnett, Edward B. 
CarroU, and their associates, successors and assigns, be and 
are hereby created a body politic and corporate, under the 

Name and styK name and style of "The St. Louis and Quincy Packet Com- 
pany," and under that name and style shall have perpetual 
succession, and may sue and be sued, plead and be implead- 

Powers. ed, defend and be defended in all courts and places ; and 

may have and use a common seal, and alter or renew the 
same at pleasure; and, by their corporate name and style, 
may contract and be contracted with as natural persons ; and 
shall have all the incidents, immunities and franchises of a 
corporation, and do and perform all lawful and necessary 
acts and things in carrying into effect the objects and pur- 
poses of this act. 

Capital stock. g 2. The Capital stock of said company shall be two 
hundred thousand dollars, which may be increased to five 
hundred thousand dollars, which shall be divided into shares 
uf one hundred dollars eacli, and shall be assignable on the 
books of the corporation only. No subscriber shall sell or 
transfer his stock without first giving the preference of pur- 
chase to the board of directors. The persons incorporated 
by this act shall be authorized to receive subscriptions to 
the cajjital stock of said company, and as soon as fifty thou- 



STEAMBOATS, 87 

sand dollars shall have been snbscribed and paid in, or 

secured to be paid to the satisfaction of said persons, they 

may call a meeting of the stockholders, at a time and place 

to be designated by them, who shall proceed to organize Organization. 

said company by the election ot a board of directors — each 

share being entitled to one vote, by the holder thereof or 

his proxy ; and when said company is fully organized, it 

shall be lawful and said company is hereby authorized to 

form a line of one or more boats, for the purpose of trans- Line of boats. 

porting freight, merchandise and passengers, by boat or 

otherwise, on the Mississippi river and its tributaries. And 

any corporation may subscribe for and take and hold stock 

in said company, the same as natural persons. The stock stock subscrip- 

subscribed fur in said company, after its organization, shall *'°^- 

be subscribed for and taken under the directions of the 

board of directors of said company, and the stock of the 

company shall be deemed and held as personal property. 

§ 3. The affairs of the company shall be managed by Directors. ' 
a board of directors, composed of not less than five nor 
more than nine persons, who shall be chosen by the stock- 
holders, and be themselves stockholders in said company, 
and shall hold their office for one year, and until their suc- 
cessors are elected. At all elections for directors each share 
of stock shall be entitled to one vote, by the holder thereof Elections, 
or his proxy, duly authorized ; and in case any vacancy 
shall occur in said board of directors, between the time of 
; holding any general election, said vacancy may be filled by 
said board at any regular meeting of the directors ; and the 
persons so appointed shall hold their office until the next 
regular election of officers. Said board of directors shall officers. 
have power to elect a president, treasurer, secretary, and 
all other officers and agents lor the necessary management 
and good government of the affairs of the company ; and P^"ies, etc. 
to make all such rules, regulations and by-laws, not incon- 
sistent with the laws of a general nature in force in this 
state, as they may deem necessary and proper for accom- 
plishing the purposes of this act. 

§ 4. The business of said company shall be confined to Business &*i 
the transportation of freight and passengers on the Missis- ^'pei-ation.^. 
sippi river and its tributaries, with such incidental and other 
necessary business as the board of directors may prescribe, 
connected with and auxiliary thereto; and for the purpose 
of carrying out the objects of this act said company are 
authorized to purchase, charter, hire or build all necessary 
boats, barges, wharf-boats and water crafts, and renew the 
same at pleasure ; and to construct, purchase, lease or rent 
all necessary warehouses and offices, and receive, store and 
ship all goods, wares, merchandise and freights, and for- 
ward the same ; and to regulate the time and manner of 
transportation of persons and property, and the storage of 
merchandise and other property under their charge ; and 



88 



STEAMBOATS. 



Payment 
stock. 



shall have power and authority to provide all necessary 
stock and materials, in carrying out the objects of this act, 
by erecting all buildings and machinery for the accommo- 
dation, management and complete operations of said com- 
pany ; and shall have power to purchase and hold all such 
real estate as may be necessary for the purposes and objects 
aforesaid. 
of § 5. The directors of said company may require the 
payment of the sum or sums subscribed to the capital stock 
of said company at such times and in such proportions, and 
upon such conditions, as they m^j deem necessary and 
proper ; and in case any stockholder shall refuse or neglect 
to make payment, in pursuance of the requisitions of the 
board of directors, the stock of such stockholder may be 
sold, by order of the directors, at public auction, after the 
lapse of ninety days from the time when the payment be- 
surphis funds, came duc, and the surplus money the avails of such sale, 
after deducting the necessary costs and expenses of such 
sale, and the payment or payments due, shall be paid over 
to such delincjuent stockholder: .Provided^ that notice of 
all such sales shall be published in some newspaper, pub- 
lished in the city of Quincy, Illinois, for at least thirty days 
previous to the time of making the same. 

§ 6. The said company are authorized to borrow money, 
from time to time, in such sums and at such rate of interest, 
not exceeding ten per cent, per annum, as they may think 
proper, and to pledge and mortgage the corporate property, 
together with all the rights, credits and franchises of said 
company, for the payment of the same. 

§ T. The principal office and place of business of said 
company shall be in the cit}^ of Quincy, Illinois. Stock- 
holders in said company shall be each, liable to the credit- 
ors of said company to the amount of the unpaid portion of 
the stock respectively held by them. 

§ 8. This act to be in force from and after its passage. 

Approved February 28, 1867. 



Proviso. 



Indebtedness. 



Principal office. 



In force Marcli 
7, Wj7. 



AX ACT to incorporate tlio Lake Miehip:an Steamboat Company, 



Section 1 . I^e it enacted hy the People of the State of 
Illinois^ represented in the General Assevibly^ That George 
M. Kiml^ark, C. T. Bowen and James P. Root are hereby 
made and constituted a body corporate and politic, by the 
Name and style, name and style of "The Lake Michigan Steamboat Com- 
pany," and by that name shall have perpetual succession; 
may sue and be sued ; may make by-laws for the govern- 
ment of its officers, agents and property ; may make, use 
or alter a common seal ; may make contracts, and have and 



Power: 



STEAMBOATS. 89 

enjoy all the rights, privileges and immunities, and be sub- 
ject to all the liabilities, of a body corporate and politic. 

§ 2. The capital stock of said company shall be one capital stock. 
hundred thousand dollars, and shall be divided into shares 
of one hundred dollars each, to be deonied personal })ro- 
perty, and transferable as such in the manner and subject 
to the restrictions provided by the by-laws; which said capi- 
tal stock shall be subscribed for and paid in the manner 
and at the time provided by the directors ; and the said 
company shall have the right to forfeit and declare void any 
share ot stock, upon which there remains due and unpaid 
any installment for the space of ten days after demand 
shall have been made for the same by the directors or their 
authorized agents ; or the said company may maintain an 
action for the same in any court of competent jurisdiction. 
When tifty thousand dollars shall have been subscribed, the 
said company shall be deemed fully organized, and may 
proceed to enjoy all the rights and privileges herein granted. 

§ 3. The business of said company shall be conducted nirector*. 
by a board of three directors, who shall hold their office for 
one year, and until their successors are elected and quali- 
lied ; and said directors shall be elected at the time to be 
fixed by the laws. The directors shall elect from their 
own number a president, secretary and treasurer, and may 
appoint other officers and agents, who shall severally per- officers, ngenti, 
form such duties as shall be required of them by the board ^*''* 
or the b3^-laws; and the board may require either or all of 
its officers or agents to give a bond to said company, with 
surety, for the faithful dischars^e of their dutv, and such 
other conditions as they shall impose. 

^ 4. The said company are hereby authorized to build, Bus^iness an< 

^ , , . r ./ ./ ' operations. 

purchase or hire one or more steamboats or propellers, with 
the necessary tackle and apparel, and may use and run the 
same on Lake Michigan, or other navigable waters of the 
United States, and may carry and transport freight, baggage 
and passengers between the city of Chicago and other 
points on Lake Michigan, or the othei* lakes of the United 
States, and may charge and collect fare for such carrying and 
transportation. And the said company are hereby author- 
ized to purchase, lease or erect one or more docks, wharves 
or piers for the convenience of their said business, and the 
discharge of their passengers or freight : Provided^ that no 
such dock, wharf or pier shall in any manner interfere with 
the free navigation of any public waters; and they may 
permit other parties to use and occupy such wharves, piers 
or docks, at such price as they shall agree upon. The said 
company are hereby authorized to own so much real estate 
as they may deem necessary for the location and construc- 
tion of said docks, wharves or piers, at such points as they 
shall select, and may sell and dispose of the same as their 

Vol. Ill— 12 



90 SHARPSHOOTERS. 

business shall require, and change the location of such 
piers, wharves and docks. 

§ 5. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 7. 1867. 



In force Feb'y AX ACT to incorporate tlie Belleville Sharpshooter.^' Society, of the city 
-''• ^^^'"- of Belleville, in the county of St. Clair, and state of Il'linois. 

Section 1 . Be it enacted hy the People of the t^taie of Illi- 
nois^ represented in the General Assembly ^ That Philip 

Corporators. Marct, Hcurj Raab, Frederic Ropieqnet, Yalentine H. 
Pitthau, Frederic Kempff, Gustavus Fleckel, and all such 
persons as maj become associated with them, be and are 
hereby constituted a boch'- politic and corporate, under the 

Name and style, name of "The Belleville Sharpshooters' Society," and by 
that name shall have perpetual succession, with* power to 

Powers, etc. suc and bc sued, plead and be impleaded, in all courts of 
law and equity in this state ; maj- have and use a common 
seal, alter the same at their option ; and shall have power 
to make by-laws, and amend the same, in any manner not 
inconsistent with the laws of this state or of the United 
States. • 

Objects-officers § 2. The objcct of this society shall be to educate its 
members, by practice, in the use of the rifle, and to promote 
social intercourse among them ; and the oflicers of said 
society shall consist of a president, vice-president, secretary 
and treasurer, all of whom shall constitute the board of 
directors of said society, in whom the management of all 

Election?. atfairs of said society shall be vested. All of said officers 
shall be selected annually or semi-annually by the members 
of said society, and at such elections each member shall be 
entitled to but one vote ; and stockholders who are not 
members of the society at the time of such elections shall 
not be entitled to a vote. 

Capital -fock. ^ 3. The Capital stock of said society shall be divided 
into shares of thirty dollars each, and may consist of any 
number of shares, not exceeding one thousand ; and the 
same shall be subscribed for and taken, under the direction 
of the board of directors, at such time and place, and in 
such manner, as they, from time to time, may determine. 

Meeting?. % 4. Annual meetings or semi-annual meetings shall be 

held by the members of said society for the election of 
directors and other officers, and such other meetings at such 
other times and places as may, by the by-laws, be deter- 

Eiections to be miucd. The election of officers shall be by ballot, and all 

by ballot. ^\:iQ\\ elections and all votes shall be by a clear, majority of 



SHARPSHOOTERS. 91 

all the votes cast for all the other candidates by the mem- 
bers present. 

^ 5. Said society may hold real estate, not exceeding^ Real estate, 
thirty thousand dollars, and such personal estate as may be 
necessary for the objects of said society; shall be capable 
in law, by their corporate name and style, of contracting Powers in law 
and being contracted with, and of receiving by gift, grant, 
devise or otherwise, real estate to the amount of thirty 
thousand dollars, as well as personal property ; may lease, 
convey or mortgage the same ; and pass such by-laws as By-iaws. 
may be necessary for the collection and disposing of contri- 
butions, and regular dues and initiation fees of its members. 

§ 6. The shares of said society shall be assignable and shares. 
transferable only according to the regulations that shall be 
adopted by said society in that behalf, and shall be forfeited 
and canceled on the books for the non-payment of any in- 
stallment due on the same ; and, when forfeited and can- 
celed, such amount as has been paid thereon shall go to the 
general fund of the society. 

§ 7. The said corporation may appoint such other offi- officers, 
cers, through the board of directors, as they may deem 
expedient, who shall hold their offices for the term of si^ 
months or one year, as may be determined, and until their 
successors are elected and qualified. 

§ 8. The said corporation shall have the power to im- Fines of mm- 
pose tines upon their members, to deprive members of their ^^^^^* 
membership, and all rights and privileo;es and interests ad- 
hering thereto, for such causes as may be stipulated in the 
by-laws. 

§ 9. Said society may select one of its members to act steward, 
as steward or landlord, in furnishing victuals and refresh- 
ments — such as beer, wine, soda water, lemonade and ice 
cream — on the premises and in the buildings of said society 
only, on such days and at such hours as may be fixed and 
appointed by the executive committee of said society. 

§ 10. The treasurer of said society and corporation shall Treasurer's 
give bond and security, to be approved by the president ^^^^' 
and vice-president of said society, for the faithful perform- 
ance of the duties of his office. 

§ 11. This act shall take effect from and after its pas- 



sage. 



Approved February 20, 1867. 



ColpcTliU'lS. 



92 SUAKPSHOOTERti. 



In f rcf Feb'\ \\ VCT to iia'orporute the Joliet Sharpshooters' Association. 

8ECTIo^• 1. JJe it enacted hij the People of the State of 
Illinois, rejyi'esented in the General AssemUy, That Frede- 
rick Schriiig, H. Jacob Schatt, Conrad C. Braun, Frede- 
rick Beutteninnllcr, Joseph Browu. jr., and Ferdinand Pa- 
sold, and all siich persons as may become associated with 
them, be and are hereby constituted a body politic and cor- 

Naii.- . porate, under the name of " The Joliet Sharpshooters' Asso- 

ciation." and by that name shall have perpetual succession, 
with power to sue and be sued, plead and be impleaded, in 
all courts ot* law and equit^^ iu this state ; may have and use 
a common seal, alter the same at their option ; and shall 

By-ia^^.•«. _ have powcr to make by-laws and amend the same in any 

manner, not inconsistent Vv'ith the laws of this state or of 
the United States. 

Object. § 2. The object of this association shall be to educate 

its members, by practice, in the use of the rifle, and to pro- 
mote social intercourse amongst them ; and th^ officers of 
said association shall consist of a president, a vice-president, 
•a treasurer, a secretary, a sergeant-at-arms, and an assistant 
sergeant-at-arms, all of whom shall constitute the board of 
directors of said association, on whom the management of 

EkLti..iw. all affairs of said association shall be vested. All of said 
otiicers shall be elected annually by the members of said 
association, and at such elections each member shall be en- 
titled to but one vote : and the stockholders who are not 
members of the association at the time of such election 
shall not be entitled to a vote. 

Capital itock. § o. The Capital stock of said association shall be divided 
into shares of ten dollars each, and may consist of any num- 
ber of shares not exceeding five thousand, and the same 
shall be subscribed for and taken, under the direction of 
the board of directors, at such time and place and in such 
manner as they from time to time may determine. 

Ar.fiuai I.:, tiin- § i. Annual meetings shall be held by the members of 
said association for the election of directors and other offi- 
cers, and bucii other meetings at such other times and places 

Kimioii by 'n-ii- i^s the by-laws may detei mine. The election of officers 
shall be by ballot, and all such elections and all votes shall 
be by a plurality of the members present. 

.^ 5. Said association may hold real estate, not exceeding 
in value fifty thousand dollars, and such personal estate as 
may be necessary for the objects of said association ; shall 
be capable of receiving, by gift, devise or otherwise, real 
estate to an amount not exceeding twenty-five thousand 
dollars, as well as })ersonal property; may lease, convey or 
nu^rtgage the same; and pass such bylaws as may be ne- 
cessary for the collection and disposingof contributions and 
regular dues and initiation fees of its members. 



lot 



Real csta;- 



SHARPSHOOTERS. 93 

§ G. The shares of said association shall be assignable share* asign- 
and transferable only according to the regulations that shall 
be adopted by said association in that behalf, and shall be 
forfeited and canceled on the books for the non-payment of 
any installment due on the same; and when forfeited and 
canceled such amount as has been paid thereon shall go to 
the general fund of said association. 

§ 7. The corporation may appoint such other officers, Appointment of 
through the board of directors, as they may deem expedient, 
who shall hold their offices for the term of one year and 
until their successors are elected and qualified. 

§ 8. The corporation shall have the power to impose Fmcs. 
lines upon their members, to de])rive members of their 
membership, and all rights, privileges and interests adhering 
thereto, for such causes as may be sti[>ulated in the by-laws. 

§ 9. The treasurer of said corporation shall give bond i^easurer'i 
and security for the faithful performance of the duties of 
his office, to be approved by the directors. 

§ 10. This act shall take effect from and after is passage. 

Appro YEi) February 21, 1867. 



AN ACT to incorporate the Alton Sharpshooters' Society of Alton, Madi- ^^ ^^o^fs^^^'^ 

son county, Illinois. " ' '" 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That Paul corporators. 
Meisner, Jacob Hartman and Emil Guelich, and such other 
persons as shall, from time to time, become members of 
said society, are hereby incorporated and shall be a body 
corporate and politic, by the name and style of "The Alton Name and style. 
Sharpshooters' Society," located in xllton, Madison county, 
Illinois, and under that name shall be capable of suing and 
being sued, pleading and being impleaded, in all courts, 
buth of law and equity, in this state ; and may have and 
use a common seal, and the same to alter and amend at 
pleasure ; and by their corporate name and style shall be 
capable of, in law, contracting and being contracted with, Powers. 
and acquiring, by purchase or otherwise, and of holding 
and conveying real or personal estate, either in fee or for a 
term of years : Provided, that they shall not, at any one 
time, name or hold property exceeding in value ten thou- 
sand dollars. 

§ 2. Said corporation shall at all times have full power Government 
and authority to ordain, make and establish such by-laws, 
rules and regulations as they shall judge proper for the 
better government and regulation of the officers and mem- 
bers of said society, and for ascertaining an equal annual 



9i SHARPSHOOTERS. 

rate of contribution to be paid by the members thereof, in 
aid of the funds of said society, and for prescribing the time, 
place and manner of practicing in shooting, and the rules 
regulating the. same, by such bydaws, not to be inconsistent 
with the laws of this state and of the United States. 

Landlord. g 3. Said societv may select one of its members to act 

as steward or landlord, for furnishing victuals and refresh- 
ments, on the premises and in the building of the society 
only, at the days and hours appointed by the executive 
committe thereof. 

Officers, agents.. ^ ^- That for the better carrying on the business and 

^'^- affairs of said corporation there shall be annually elected, 

on the first Monday of April, of each year, an executive 
committee, consisting of one president, one vice-president, 
one secretary, treasurer one vice-secretary, and one ser- 
geant-at arms, who shall hold their ofhce for one year and 
until their successors are elected and qualified. 

Suits, etc. § 5. In all suits at law or equity brought against this 

society, or in any suit brought by tliis society against any 
of its members, or against any other person or pe'rsons, any 
member of this society shall be admitted as competent wit- 
ness. 

§ 6. This act to be in force from and after its passaa:e. 
Approved February 22, 1867. 



^" '"'Tift?-'"''^^' ^^^' -"^^^ ^'' incorporate the Gcrmania Sharpshooters' Society, of Breese, 

Liiiiton county, Illinois. 

Section 1. £e it enacted by the People qf the State of 
Illinois^ rejyresented m the General AssemUy, That Philip 

Corporators. Frank, Gottlieb Blattuer, Theodore Kluths, George Kan- 
tenstranch and Charles Kanne, and such other persons as 
shall, from time to time, become members of said society, 
are hereby incorporated and shall be a body corporate and 

>arneaua.styk. poHtic, by the name and style of "The Germania Sharp- 
shooters' Society," located in Breese, Clinton county, 

Powers. Illinois, and under that name shall be capable of suing and 

being sued, pleading and being impleaded in all courts, 
both of law and equity, in this state ; and may have and 
use a common seal, and the same to alter and amend at 
l)leasure; and by their coporate name and style shall be 
capable of, in law, contracting and being contracted with, 
and acquiring, by purchase or otherwise, and of holding 
and conveying real and personal estate, either in fee or for 

Proviso. a term of years : I^rovlded, that they shall not, at any one 

time, name or hold property exceeding in value twenty 
thousand dollars : Provided^ that said society shall not, at 



IL 



SHARPSHOOTERS. 95 

any" time, relocate theil' grounds at any point within half a 
mile of any school house, church or meeting house. 

§ 2. Said corporation shall at all times have full power By-iaws, etc. 
and authority to ordain, make and establish such by-laws, 
rules and regulations as they shall judge proper for the bet- 
ter government and regulation of the officers and members 
of said society, and for ascertaining an equal annual rate of 
contribution to be paid by the members thereof, in aid of 
the funds of said society, and for prescribing the time, place 
and manner of practicing in shooting, and tlie rules regula- 
ting the same, by such by-laws, not to be inconsistent with 
the laws of this state and of the United States. 

^ 3. Said society may select one of its members to act steward, 
as steward or landlord, furnishing victuals and refresh- 
ments, on the premises and in the buildings of the society 
only, at the days and honrs appointed by the executive 
committee thereof. 

§ 4. That for the better carrying on the business and Executive com. 
affairs of said corporation there shall be annually elected, '"^^^^^* 
on a day to be fixed by the society, an executive committee, 
consisting of one president, one vice-president, and ser- 
geant-at-arms, one secretary, one vice-secretary, and one 
treasurer, who shall hold their offices for one year and until 
their successors are elected and qualified. 

§ 5. In all suits at law or equity brought against this SuUs at law. 
society, or in any suits brought by this society against any 
of its members, or against any other person or persons, any 
member of this society shall be admitted as competent 
witness. * 

§ 6. This act to be in force from and after its passage. 

Approved March 1, 1867. 



AN ACT to incorporate the Peru Sharpshooters' Association. In force March 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhhj^ That August Corporator?. 
Heinzie, Frederick Hundt, John N. Andesner, Otto Win- 
heime, Philip K. Bekrend, Paul Bachine, and all such per- 
sons as may become associated with them, be and are hereby 
constituted a body politic and corporate, under the name of 
'' The Peru Sharpshooters' Association," and by that name Name, 
shall have perpetual succession, with the power to sue and 
be sued, plead and be impleaded, in all courts of law and Powers. 
equity in this state ; may have and use a common seal, alter 
the same at their option ; and shall have power to make 
by-laws and amend the same in any manner, not inconsist- 
ent with the laws of this state or oi* the United States. 



96 SHAEPSHOOTEES. 

Object. § 2. The object of this association shall be to educate 

its members, by practice, in the use of the rifle, and to pro- 
mote social intercourse amongst them. The officers of said 
association shall consist of a president, a treasurer, a secre- 
tary^, comptroller, sergeant-at-arms, and an assistant ser- 
geant, all of whom shall constitute the board of directors 
of said association, in whom the management of all the 
atfairs of said association shall be vested. All of said 
officers shall be elected annually by the members of said 
association, and at such elections each member shall be 
entitled to but one vote ; and stockholders who are not 
members of the association at the time of such election 
shall not be entitled to a vote. 

§ 3. The capital stock of the association shall be divi- 
ded into shares of ten dollars each, and may consist of any 
number of shares, not exceeding one thousand, and the 
same shall be subscribed for and taken, under the direction 
of the board of -directors, at such time and place, and in 
such a manner as they may, from time to time, may deter- 

Annu&l meeting, mine. 

§ tt. Annual meetings shall be held by the members of 
said association for the election of directors and other 
officers, and such other meetings at such other times and 
places as the by-laws may determine. The election of 
officers shall be by ballot, and all such elections and all 

Possession of votcs shall bc by a plurality of the members present. 

rea es a e. ^ ^^ g^..^ associatiou may hold real estate, not exceed- 

ing, in value, ten thousand dollars, and such personal estate 
as may be necessary for the objects of said association; 
shall be capable of receiving, by gift, devise or otherwise, 
real estate, not to an amount to exceed live thousand dollars, 
as well as personal property ; may lease, convey or mort- 
gage the same ; and pass such by-laws as may be necessary 
for the collection and disposing of contributions and regu- 

shares transfer- lar ducs and initiation fees of its members. 

*^'®' ^^'^- § 0. The shares of said association shall be assignable 

and transferable only according to the regulations that shall 
be adopted by said association in that behalf, and shall be 
canceled and forfeited on the books for the non-payment of 
any installment due on the same ; and when forfeited and 
canceled, such amount as has been paid thereon shall go to 

Officers. the general fund of said association. 

^ ^ T. The corporation may appoint such other officers, 
tiirough the board of directors, as they may deem expe- 
dient, who shall hold their offices for the term of one year 

Fines, *tc. and until their successors are elected and qualified. 

§ 8. The corporation shall have power to impose fines 
upon their members, to deprive members of their member- 
ship, and all rights, privileges and interests adhering there- 
to, for such causes as may be stipulated in the by-laws. 



STOCK YARDS. 97 

§ 9. The treasurer of said corporation sliall give bond Treasurer's 
and security for the faithful performance of the duties of 
liis office, to be approved by the directors. 

g IC. The property, real and personal, now belonging to property or 
the Peru Eifie Company shall be the property of this cor- Joiyeye."^ ^"' 
poration, and this corporation may compel any parties, 
holding real estate in trust for said company, to convey the 
same to this association ; and it may collect any notes, given 
by any parties to any trustees for the use and benefit of said 
rifle company, by suit or suits, in the name of said trustees, suits ana ciaJms 
for the use of this corporation ; and may enforce any other 
just claim which said company may have against any par- 
ties, for the use of this corporation. 

§ 11. This act shall take effect from and after its passage. 

Approved March 7. 1867. 



AX ACT to establish the Illinois and Mississippi Stock Yard Company. In force Feb'y 



28. 1867. 



Section 1. Be it enacted hy the People of the State of 
Illinois, Tejyresented in the General Asseinhly, That John i 

Z. Irwin, George Bicklehaupt, James P. Root and Jacob 
Yager, and their associates, are hereby created a body cor- 
porate and politic, by the name and style of " The Illinois Name and style. 
and Mississippi Stock Yard Company," with perpetual suc- 
cession, and by that name and style may sue and be sued, Powers inlaw. 
contract and be contracted with, have a common seal, make 
by-laws, and own and occupy all the rights and privi- 
leges that may be necessary to carry out the provisions of 
this act. 

§ 2. The said company shall have the ri^ht to locate, J^'g^^** *°*^ p"* 
construct and maintain, upon the land purchased for such 
purpose, at such point as shall be designated and determin- 
ed by them in Madison county, state of Illinois, all the 
necessary yards, inclosures, buildings, structures, railway 
lines, tracks, switches and turnouts, aqueducts for the recep- 
tion, safe keeping, feeding and watering, and for the weigh- 
ing, delivery and transfer of cattle and live stock of every 
description, and, also, dead and undressed animals, that 
may be at or passino^ through or near the city of East St. 
Louis, and for the accom^modation of the business of a gen- Businesi and 
eral union stock yard for cattle and liv^e stock, including the ""^"^ """'' 
erection and establishment of a hotel, if deemed expedient, 
and the right to use the same for the convenience of drovers 
and others ; and shall have the power 'to repair and enlarge 
their said yards, structures or buildings ; and shall have 
the power to make advances of money upon such cattle 
and live stock, for freight or other purposes, as may become 
Vol. Ill— 13 



98 STOCK YARDS. 

expedient ; and for such subsistence, care, handling ana 
advances made upon stock, the said company may make 
and require to be paid such reasonable charges as may be 
just and proper, and shall have the power to lease the pub- 
lic house or hotel building, erected as aforesaid, upon such 
terms as they shall deem proper, or to make such arrange- 
ments for the management thereof as maybe deemed advi- 
sable, from time to time ; and if the same shall be kept by 
said company, to fix such reasonable charges for the accom- 
modation of said house, as shall be reasonable and just. 

Construction of g 3. The Said company are hereby authorized to con- 

M«tions7 ^*^'' struct a railway, with one or more tracks, as may be expe- 
dient, from the grounds which may be selected for its said 
yards so as to connect the same with the tracks of all the 
railroads which may enter the city of East St. Louis, in 
said county and state, and shall have the right and power 
to make such connections at such point or points as they 
may select, with such suitable side tracks, switches and 
connections as to enable all the trains running upon said 
railroad* easil}^ and conveniently to approach the grounds 
selected for said yards ; and may make such arrangements 

Contracts. or coutracts with such railroad companies, or either of them, 
for the use of any part or portion of the track or tracks of 
such company or companies which now is or hereafter may 
be constructed, for the purposes aforesaid, as may be agreed 
upon between the parties ; and shall have power and au- 

Renovations. thority to locatc and, from time to time, to renovate, change, 
alter, construct and reconstruct and fully to furnish and 
maintain its said railroad or railroads, side tracks and con- 
nections, and to transport and to be transported thereon, 
between said railroads and cattle yards, all cattle and live 
stock, and persons accompanying the same, to and from 

Transportation, Said yards ; and may also transport or allow to be trans- 
ported, between the railroads so connected by the road or 
roads hereby authorized, by steam or other power, freight 
and property of every kind, as well as stock and cattle and 
passengers, and may fix and establish, take and receive such 
rates of toll for fare, for all freight, property and passen- 
gers, so transported between the said several railroads, as 
the directors shall, from time to time, establish; and for the 
purpose of constructing said road and appurtenances and 
branches, shall have the authority and power to lay out. 

Width of road, designate and establish the road, in width not exceeding- 
one hundred feet, through the entire line thereof, and to 
mark out and designate the ground for such yard and other 

Acquire lands: Structures ; and may acquire such lands which may be 
necessary for the purpose of constructing said tracks, yards 
or other structures, either by purchase or in the manner 
hereinafter provided, with the right to let or demise the real 
property so acquired and the improvements thereon ; and 



STOCK YARDS. 99 

the said company shall have the right to locate their said 
road or branches across, along or upon atiy road or street. 

§ 4. Tlie said company shall have the right and power condemnation 
to take and receive, by purchase or otherwise, any lands or °^ '*°^^' ®^^' 
real estate, or interest in the same, which they may deem 
necessary for the purposes of carrying out the objects of 
this act ; and in case they shall not be able to procure any 
such lands, real estate or interest in the same by purchase, 
gift or otherwise, for the purpose of locating the said yards, 
road and branches, they may proceed to condemn the same 
under and by virtue of the provisions of "An act to amend 
the law condemning the right of way for purposes of inter- 
nal improvement," approved June 22, a. d. 1852, and the 
acts amendatory thereof, or any other act in force at the 
time authorizing the condemnation of private lands for 
public purposes. 

§ 5. The capital stock of said company shall be two Capital stock. 
Imndred thousand dollars, to be divided into shares of one 
hundred dollars each, and be deemed personal property and 
transferable as such on the books of the company, subject to 
such rules as the by-laws shall prescribe. The capital stock 
may be increased, from time to time, by a vote of the stock- 
holders, to an amount not exceeding five hundred thousand 
dollars. Each share of stock shall entitle the holder there- 
of to one vote, for the purpose of increasing the capital 
stock and in the election of directors. 

§ 6. The business of said company shall be conducted Directors, 
by a board of five directors, who shall be elected at the 
time and in the manner provided by the by-laws ; and the 
directors may elect or appoint other officers and agents, as 
they shall deem proper, and may prescribe their powers 
and duties ; may make by-laws, rules and regulations for 
the well-ordering of the affairs of said company, and the 
government of its officers. 

§ 7. The said company is hereby authorized to borrow Borrow money, 
money, at a rate of interest not exceeding ten per cent, per 
annum, and may pledge the property and franchises of the 
company by mortgage or other instrument. 

§ 8. Should it be necessary, for the construction of the crossings, 
road or roads hereby authorized to be built, to cross any 
stream or water course, it shall be lawful to construct the 
same upon or across the same. 

§ 9. This act shall be a public act, and be in force from 
and after its passage. 

Approved February 28, 1867. 



100 STOCK TAEDS. — STEEETS, ALLEYS, ETC. 



lu force March AX ACT to authorize the Union Stock Yard and Transit Company of Clii- 
'' "• cago to increase its capital stock. 

Seotiox 1. Be it enacted hy the Feoj)le of the State of 
Illinois^ represented in the General Assembly^ That the 
board of directors of the Uuion Stock Yard and Transit 
Company of Chicago, be and the same is hereby authorized, 
Amount. tVom time to time, to increase the capital stock of said com- 

pany five hundred thousand dollars, in addition to its present 
capital ; but no stock shall be issued for a less sum or 
amount than the par value thereof actually paid in, in cash. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 7, IS 67. 



Jn force March AN ACT to vAcate Robinson street, in the town of Duntou, Cook county. 
7, 1S67. 

Section 1. Beit enacted by the Peoj)le of the State of 
Illinois^ re-jrresented hi the General Assembly^ That Robin- 
stieet vacated. SOU Street, in the town of Dunton, Cook county, be and the 
same is hereby vacated. 
Approved March 7, 1867. 



In forr-e I'eb'y AN ACT to vacate certain allevs herein named. 

28, 1867. 

Section 1 . Be it enacted by the Peojyle of the State of 
Illinois^ rej)resented in the General Assembly ^ That so much 
Alleys vacated, of 311 alley running east and west as is between lots one, 
two, three and four, and lots five, six, seven and eight, in 
block nine, and so much of an alley running north and 
south between lots two and three, in block nine, in the 
town of Carthage, in the county of Hancock, Illinois, be 
and the same are liereby declared vacated. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved February 28, 1867. 



STREETS, A^LLEi'S, ETC. 101 



AN ACT to vacate certain streets and allevs in the town of Caniargo. In force Feb'y 

20, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That all of streets and ai- 
Locust street, beginiiiiig at the south-west corner of h)t one, '^>'« '^'^cated. 
in Johnson's addition to i»[ew Albany (now Camargo), to 
the south-east corner of lot one, in Johnson's addition, as 
aforesaid ; also, all of East street from the south-east corner 
of lot one, in Johnson's addition, as aforesaid, to the north- 
east corner of lot four (i), in "said addition ; also, all of 
Spring street, beginning at the north-west corner of lot four 
(4), in Johnson's addition, as aforesaid, to the north-east 
corner of lot twenty-six (26), in T. J. Atkinson's addition 
to the town of New Albany (now Cainargo) ; also, the alley 
commencing on the south-east corner of lot thirty (30) to 
the north-east -corner of lot twenty-nine (29), in Watson's 
and Atkinson's addition to New Albany (now Camargo), 
be and* the same are hereby vacated, and the said part of 
street and alley hereby vacated shall belong to and the title 
is hereby vested in the owners of the adjoining lots. 

§ 2. This act is hereby declared a public act, and shall 
take effect from and after its passage. 

Appkoved February 20, 1867. 






I 

AX ACT to vacate certain allevs in Hawlev's addition to the town of Car- In force Feb'y 

thage. ' 25,1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That the alley Aiieya vacated, 
running on the north side of block one, and the alley run- 
ning on the east side of blocks one and four, in Hawley's 
addition to the town of Carthage, be and the same are 
hereby vacated, and the land heretofore belonging to said 
alleys shall revert to the owners of said blocks one and four, 
in said Hawley's addition to the town of Carthage. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved February 25, 1867. 



lers vacated. 



102 STREKTS, ALLEYS, ETC. 



In force F^eb'v AX ACT to vacate certain streets and alleys therein named. 

25, 1S67. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AssemUy, That all of 
Streets and ai- Farm alley, Elizabeth street, Fremont streets, Garden street, 
York avenue, McConnell avenue, together with all that por- 
tion, part or parcel of Arbor avenue and Sophia street 
lying north of the south line of McConnell avenue, in Mc- 
ConnelPs town of Turner, in the county of DuPage and 
state^of Illinois, be and the same are hereby vacated, and 
the title to the land comprisinc^ said streets and alleys and 
parts of streets shall herewith revert back to Mary McCon- 
nell, the original owner, who is hereby invested with a clear 
title and with full power to dispose of the same in her own 
right. 

§ 2. This act shall be in force from and after its passage. 

ArpROVED February 25, 1867. 



In force _AprU AX ACT to vacate certain parts of streets in the town of Winnebago, in 
-■^■'■^®^'' the county of Winnebago. 

Section 1. Be it enacted hy the People of the State 
of Illinois, represented in the General Assembly, That the 
Vacated sec- followiug dcscribcd portiou of the streets, hereinafter named, 
in the canal trustees' addition to the town of Winnebago, in 
the county of Winnebago, as the same are laid down in the 
recorded plat of said addition, may be and are by this act 
vacated, to-wit: So much of a street two rods in width, on 
the west sidejof said canal trustees' addition, as lies between 
the section line on the south side of said addition and 
Third North street; ako, those parts of McKoberts and 
Swift streets lying between Third ISTorth street and the sec- 
tion line on the north; also, that part of Leavitt street lying 
between South street and Second South street ; also, that 
part of South street lying west of McRoberts street. 

AiTKOvED February 25, 1867. 



In force FeV/y AX ACT to vacate an alley therein named. 



1867. 



Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That so much 

Alley vacated, of an alley as lies between lots numbered sixty-two (62) and 

sixty-three (63), in south addition to the town of Greenville, 



STREETS, ALLEYS, ETC. l03 

in tiie coilnty of Bond and state of Illinois, is hereby vaca- 
ted, and the land contained in said alley to revert to the 
owner of said above described lots. 
§ 2. This act shall be in force from and after its ]>as- 



sage. 



Approved February 25, 18G7. 



AX ACT to vacate certain useless streets and alleys in the Old Town of In force Feb'y 

St. Clair. 25, 18C7. 

Section 1. Be it enacted by the People of the State of 
Illinois^ q'CjP resented in the General Asseinhly^ That Water streets ami ai- 
alley, that portion of Old Second or Hamilton and Old ^'^^ '^^'^''^■ 
Third or Main streets, lying north of Broadway, of the 
former town of St. Clair ; all that part of Old Third street 
not included in a straight continuation of Main street, of 
the platted town of Illinois, if extended to Broadway ; Old 
Fourth street from Railroad street to Division avenue, and 
that part of Old Fifth street lying southerly of Broadway ; 
also. Old Railroad street, as originally platted, all in said Old 
town of St. Clair, which is now a part of the city of East 
St. Louis, St. Clair county, Illinois — be and the same are 
hereby vacated as public streets : Provided^ and upon con- Proviso, 
dition that the extensions of Third and Fourth streets and 
Collins ville plankroad street of the platted towm of East St. 
Louis, to Broadway of the former town of St. Clair, shall 
be dedicated by Louisiana St. John, the owner of the ground 
over which such extensions pass, to public use as streets, in 
lieu of the old streets hereby vacated on the north side of 
Broadway : And^ provided^ and upon condition that Main Proviso, 
street and Second street of Old Illinois Town, each extend- 
ed in a straight line to Broadway, of the former towm of St. 
Clair, be dedicated by said L. St. John, the owner of the 
ground over which such extensions pass, to public use as 
streets in lieu of the portions of Old Third, Fourth and 
Fifth streets, so vacated on the south side of Broadway : 
And^ jpTovided^ that a street sixty feet wide, located on Proviso. 
survey number one hundred and twenty-seven (Ko. 127) of 
the Cahokia common fields, along the southerly line of said 
survey, and extending from the St. Louis, Alton and Terre 
Haute railroad track and the St. Clair county turn])ike 
(old route), shall be dedicated by said L. St. John, the owner 
of said ground, to public use as a street, in lieu of Old 
Railroad street, hereby vacated, and the space of ground 
ten feet wide lying between it and said proposed sixty foot 
street, which ten foot strip is hereby vacated. 



104 STREETS, ALLEYS, ETC. 

Vacated singly § 2. Aiij Street 01' allc}^ herein named to be vacated 

or connectedly ^^^.|^^, |^^ vacated singlj 01' in connection with one or more 
of the other streets'or alleys herein named to be vacated, 
at any time v;henever the nearest street to such vacated 
street or alley, designated to take the place thereof, shall be 
dedicated to pubhc use as herein provided. 

Dedication. § 3. The dedication required by this act of the several 

streets and alleys herein named, to be made by said Louis- 
iana St. John, shall be made by the execution and acknowl- 
edo-ment of a plat or plats of said new street or streets, and 
the filing of the same for record, in the office of the clerk of 
the circuit court of St. Clair county, to be by him recorded as 
other plats are recorded, and upon the filing of the same 
the street or streets, alle}^ or alleys, in lieu of which the said 
new street or streets, alley or alleys, shall be dedicated, 
shall immediatel}^ be deemed and be vacated, and the land 
covered by such vacated street or alley shall thereupon 

Reversion. rcvcrt to Louisiaua St. John, who is the legal representa- 
tive of John L. St. John, the original proprietor of said 
town of St. Clair — any thing in any statute of this state to 
the contrary notwithstanding. 

§ 4. This act shall take effect from and after its passage: 

Proviso. Frovided^ that nothing in this act contained or expressed 

shall in an^^ way affect, divest or disturb the right, title, in- 
terest or possession of the St. Louis, Alton and Terre Haute 
Railroad Company in or to the ground over which any of 
the streets or alleys herein described or vacated may pass or 
is located. 

Approved February 25, 1867. 



In force Fet'y AN ACT to provide for the coiistruction of a sidewalk in the townships of 
•25, 1S67. Batavia and Geneva, in tlie county of Kane. 

Section 1. Be it enacted hy the Feople of the State of 
Itlinois^ reiwesented in the General Assembly^ That when 
petition<^ for a majority of the property owners, resident between the 
construction, ^^^^.p^^j.^te limits of the town of Batavia and the north half 
of section ten, (10,) in the township of Geneva, in said 
county, on the road lying on the west bank of the Fox 
river, shall petition for i\\Q construction of a sidewalk on 
the west side of said road, between the points above men- 
tioned, it shall be the duty of the clerks of said townships, 
each in his own town, to notify the occupants (and the 
owners when known) of the property fronting on said road, 
between the points above mentioned, to construct such side- 
walks, of plank or stone, in front of their respective lots or 
Dimeriaiona, parcels of land, uot Icss than three feet in width, within 



STREETS, ALLEYS, ETC. 105 

the space of sixty days, and to the entire satisfaction and 
acceptance of the commissioners of highways of the town- 
ship in which located. Where plank shall be used tlie same 
shall not be less than two inches in thickness, nor more than 
eight inches in width, to be laid upon suitable bearings, and 
securely spiked : Provided^ however^ that when any side- Proviso 
walk shall have been thoroughly constructed of gravel pr 
macadam, prior to the signing of such petition, it shall not 
be necessary to construct the same anew under this act. 

§ 2. If any such resident property-owner shall refuse Refusal to pon- 
or neglect to construct the walk in front of his premises, as •'''''"•^■*- 
required, he shall be liable to a penalty of five dollars for 
each and every week the same shall remain unbuilt, after 
the expiration of the sixty days, to be sued for and collected 
by the commissioners of highways, in the name of their 
respective townships ; and after such neglect, it shall be the 
duty of the commissioners of highways of said townships, 
in their respective townships, to make assessments upon Assessments, 
property as shall by them be deemed benefited by the con- 
struction of so much of such walk as shall not have been 
constructed, for the estimated costs of the same ; which 
assessment roll shall be levied and collected as are the 
assessment rolls of drainage commissioners in said county ; 
and when the moneys so assessed are collected, they shall 
be used by said commissioners in the construction of said 
walk. 

§ 3. If any person shall willfully and maliciously tear Penalties for in- 
up, remove or injure any portion of said walk, he shall be ^"'^' 
liable to the township in which the injury may have been 
done in the amount of five dollars, or such greater sum as 
shall be equal to the injury wrought. 

§ J". It shall be the duty of the commissioners of high- ^,3™'/^''^"®'"'' 
ways of the townships of Batavia and Geneva, each in their 
respective townships, to cause said walk to be kept in a good 
and thorough state of repair, and to prosecute proceedings 
under section three of this act. 

§ 5. Any person w^ho shall willfully ride, lead or drive 
any horse, mule, beast of burden or vehicle along and upon 
said walk, or any portion thereof, shall forfeit the sum of 
five dollars for every ofiense, or sitch greater sum as shall 
be equal to the injury done to the walk; and any resident 
person on said road may arrest, upon view, any person 
guilty of the conduct in this section prescribed, and conduct 
him before any justice of the peace in said townships, for 
examination and trial, and, upon conviction, he shall be 
fined as provided in this section ; and no person, by reason 
of residence in either of said townships, shall be disquali- 
fied as a witness in any proceedings under this act. 

§ 6. This act shall take effect and be in force from and 
after its passage. 

Approved February 25, 1867. 
Yol. \\\—\^ 



106 STREETS, ALLEYS, ETC. 



In force FeVy AX ACT to vacate certain streets in the tOAvn of Tuscola, and for other 
1^, 1^"^"" purposes. 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That the 

Streets vacated, streets Ijing between blocks one and two, one and eight, in 

Wainsley and Cannon's addition to Tuscola, be and they 

are hereb}^ vacated. 

Ordinances le- § 2. That all Ordinances and parts of ordinances passed 

gal and binding ^^^ ^^^ president and board of trustees of the said town of 

Tuscola, and not repealed by said president and board of 

trustees, are hereby declared legal and binding. 

§ 3. This act is hereby declared to be a public act, to 
be in force from and after its passage. 
Approved February 19, 1867. 



■^■^ r^",^-,.?^^'-^ AX ACT to vacate a portion of a certain street in the town of Upper Alton. 
19,1867 '■ 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That so much 

Vacated street, of Cherry Street as passes between blocks five and six, in 

Delaplain and Smith's addition to the town of Upper Alton, 

Madison county, Illinois, be and the same is hereby vacated. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved February 19, 1867. 



In force .'\prH AX ACT to vacate a part of a certain street therein mentioned. 

28, l^C7. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That all that 
Vacated itreetH. P^rt of a strcct formerly laid out and platted, between 
block two (2) and block three, (3,) in the canal trustees' 
subdivision of the north half of section thirty-three, (33,) 
of township forty (40) north, of range fourteen (11) east of 
the third principal meridian, which part of said street ex- 
tends from the south line of said blocks to the north line of 
said section, be and the same is hereby vacated. 

Approved February 28, 1867. 



STREETS, ALLEYS, ETC. 107 

AN ACT to vacate certain streets and allcvs in the town of Oenterville, lo foie® ^'eb'y 
in the county of St. Clair. -^' ■^*^^- 

Section 1. Be it enacted hy the Feojple of the State of 
Illinois^ represented in the General Assembly^ That so much vacated streeu 
of the alley as lies between lots number tliirty-one, (31,) ^°*^ *"^y"- 
thirty-two, (32,) thirty-three, (33,) thirty-four, (34,) thirty- 
live, (35,) thirty-six, (36,) on the one side, and lots number 
sixty-one, (61,) sixty-two, (62,) sixty-three, (63,) sixty-four, 
(64,) sixty-five {^h) and sixty-six, \^^^ on the other side, 
be vacated, and so much of Madison street also be vacated 
as lies between lots number sixty-one, (61,) sixty-two, (62,) 
sixty-three, (63,) sixty-four, (64,) sixty-five (65) and sixty- 
six, on the one side, and lots number seventy-nine, (79,) 
eighty, (80,) eighty-one, (81,) eighty -two, (82,) eighty-three 
(83) and eighty-four, on the other side. 

^ 2. The above described lots all lie in Glass and Stoo- Location. 
key's addition to the town of Oenterville, in St. Clair 
county. 

§ 3. This act to be in force from and after its passage. 

Approved February 28, 1867. 



AN ACT to vacate a certain alley in the town of Anna, Union county. in force March 

6, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That so much vacated aiiey. 
of an alley running east and west between the following- 
lots, to-wit : Sixty (60,) fifty-nine (59,) fifty-eight (58,) fifty- 
seven (57,) fifty-six (56,) fifty-five (55,) fifty-four (54,) fifty- 
three (53) and fifty-two (52,) in W. Davies' second addition to 
the town of Anna, and lots fifty-eight (58,) fifty-nine (59,) 
sixty (60,) sixty-one (61,) sixty-two (62,) sixty-three (63,) 
sixty -four (64,) sixty-five (65,) and sixty-six {^^),) in W. 
Davies' original survey of the town of Anna, and being that 
part of said alley, running east and west between High 
street and Spring street, be and the same is hereby declared 
vacated. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appro^t:d March 6, 1867. 



AN ACT to vacate a part of River street, in Kankakee city. ^"^ ^^^^\^^^^^ 

Whereas, the Home Flax Company are the owners of Preamble, 
block No. twenty-two and block No. twenty-five, in Thomas 
R. Yanmeter's, Linsley's, Newton's and Henry Bacon's 



108 STREETS, ALLEYS, ETC. 

addition to the city of Kankakee, and use said block for 
manufacturing purposes, and are the owners of the rever- 
sionary interest in all that part of River street which lies 
between said blocks, and is desirous of having said part of 
said street vacated ; therefore, 

Section 1. Be it enacted by the Feojjle of the State of 
Illinois, represented in the General Assembly^ That all that 
part of River street which lies between block twenty-two 
(22) and block twenty-live (25,) in Thomas R. Yanmeter's, 
Lindsley's, Xewton's and Henry Bacon's addition to the 
city of Kankakee, be and the same is hereby declared va- 
cated. 

g 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 7, 1867. 



Vacated street's. 



In force March AX ACT to vacate certain blocks, lots, streets and alleys in the town and 
5, 1S67. city of Xauvoo, Hancock county, and also to vacate certain blocks, lots, 

streets and alleys in Commerce City, Hancock county. 

Section 1. Be it enacted by the Feojple of the State of 
Illinois^ represented In the General Assembly, That blocks 

Hiock vacated, numbered twenty-two (22,) fractional block twenty-three 
(23,) and block twenty-four (24,) in the town and city of 
Kauvoo, in the county of Hancock ; also lots one (1,) two 
(2,) in block one (1,) block nine (9,) and block ten (10,) in 
Commerce City, Hancock county, be and are hereby va- 
cated. 

streets and ai- § 2. That all the streets and alleys platted and laid out 

leys vacated. <jij g^id blocks twcuty-two (22,) fractional block twenty- 
three (23,) and block twenty-four (24,) excejDting Main 
street and Water street, and all of Brattle street lying west 
of Main street, in the town and the said city of JMauvoo, 
be and are hereby vacated. 

jjescription. § 3. ihat all strccts and alleys heretofore platted and 

laid out on block nine (9) and block ten (10,) and all of 
Madison and that part of Market street lying east of block 
ten (10,) and all of Franklin street lying north of block 
eleven (11,) in Commerce City, Hancock county, be and 
the same are hereby vacated. 

§ 4. This act sliall be deemed a public act and be in 
force from and after its passage. 

Approved March 5, 1867. ' 



STREETS, ALLEYS, ETC. 109 



AN ACT to vacate certain blocks, alleys, streets and lots in the town ol In force Feb'y 

Spring Bay. ^^> l^^^- 

Section 1. Be it enacted by the People of the State of 
Illinois^ rep^eseiited in the General Assembly. That so much VAcaied. 
of the town plat of the town of Spring Bay, including all 
the blocks, lots, streets and alleys in said town as lie south 
and east of Tremont street, and described as being blocks 
numbered thirty-four (34,) thirty-live (35,) thirty-six (36,) 
thirty-seven (37,) thirty-eight (38,) thirty-nine (3ii,) forty 
(40,) forty-one (41,) forty-two (42,) forty-three (43,) inclu- 
sive, be and the same are hereby vacated. 

§ 2. This act shall be deemed a public act, and shall 
take effect from and after its passage. 

ArPKOVED February 21, 1867. 



AN A.CT to vacate a certain alley in the town of Secor, in Woodford In force Feb'y 
county, in the state of Illinois. ^^' l^^l. 

Section 1. Be it enacted by the People of the State of 
Illinois^ 7'e])resented in the General Assembly^ That all that Aiiey vacated. 
})aj't or portion of the alley running through block number 
nine (9,) and extending from First street to Second street, 
in said town of Secor, be and the same is hereby vacated. 

§ 2. This act shall be deemed a public act* and to be 
in force from and after its passage. 

fippKovED February 21, 1867. 



AN ACT to vacate a part of Court street, in Sleight's addition to the town In force April 
of Naperville, in DuPage county. 2^' ^^*^'^* 

Section 1. Be it enacted by the People of the state of 
Illinois^ represented in the General Assembly^ That twenty Twenty feetva- 
feet in width on the west side of that part of Court street, *^*''^'^" 
in Sleight's addition to the town of Naperville, in DuPage 
county, which adjoins lot three, in block two, of said addi- 
tion, be and the same is hereby vacated. 

Approved February 21, 1867. 



110 STREETS, ALLEYS, ETC 



In force Feb'y AN ACT to vacate a certain alley in the town of Mt. Pulaski, in Logan 
-1, 1867. county. 

Section 1. Be it enacted by the Feoiyle of the State of 
Illinois. I'cj) resented in the Genered AssemUy, That the 
Alley vacatsd. allev ruiiiiiDg from north to south through block twenty- 
seven ('JT,) Tn the town of Mt, Pulaski, in the county of 
Logan, be and the same is hereby declared vacated. 

f 2. This act shall be in force and effect from and after 
its passage. 

ArrRovED February 21, 1867. 



In force Feb'y AX ACT to vacate certain streets in Trumbull's sub-division of the east 
J3, 1867. j^j^jj- ^£ ^YyQ southwest quarter of section two, in township five (5,)north, 

in range ten (10) west, of the third (3d) principal meridian, in Madi- 
son county, Illinois. 

Section 1. Be it enacted hy the Peojyle of the Btate of 
Illinois^ rejjresented ill the Genered Assemhty^ That Chou- 
street^ aftd ai- ^^^^^ avenuc, running between blocks ten (10,) eleven (11,) 
leys vacated, ^^nd twclvc (12,) and Wocks one (1,) two (2) and three (3;) 
and, also, so much of John street as adjoins blocks one (1) 
and four (i,) all of said streets and blocks being in Trum- 
bull's sub-division of the east half of the southwest quarter 
of section tw'o (2,) township five north, range ten (10) west, 
of the third principal meridian, in Madison county, Illinois, 
be and the same are hereby vacated. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved February 23, 1867. 



In force May AX ACT to vacate a street in Cleaverville, Cook countv. 

Section 1. Be it enacted by the Peojple of the State of 
Illinois^ rejjresented in the General Assembly.^ That all that 
street vacated, part of the Street platted as Michigan terrace, between Oak- 
wood avenue and Brook street, in Cleaverville, be and the 
same is hereby vacated ; and that the title to the same is 
hereby vested in the owners of the lots adjoining the same, 
to-wit: lots 1, 4, 5, 8, 9, 12,13 and 19, in block 8, in Clea- 
verville, in proportion to their respective frontage on said 
vacated street. 
Approved March 5. 1867. 



STREETS, ALLEYS, ETC. Ill 



AN ACT to vacate an alley in Arlington, Bureau county. lu force March 

f), 18G7. 

Section 1. Be it enacted hy the Peojyle of the State of 
Illinois, represented in the General Assembly^ That the alley Aiiey described 
running through block number sixteen (16), in (xibson's 
addition to the town of Arlington, in Bureau county, be and 
the same is hereby vacated. 

§ 2. This act shall be deemed and held as a public act, 
and shall be in force from and after its passage. 

Approved March 5, 1867. 



AN ACT to vacate a part of a certain street therein mentioned. In force May 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That all that vacated streets. 
part of a street formerly laid out and platted between block 
two (2) and block three (3), in the canal trustees' subdivi- 
sion of the north half of section thirty-three (33), of town- 
ship forty (40) north, of range fourteen (14) east of the third 
principal meridian, which part of said street extends from 
the south line of said blocks to the north line of said sec- 
tion, be and the same is hereby vacated. 

Approved March 7, 1867. 



AN ACT to vacate certain streets, avenues and alleys of the town of Peters- In force March 

burg. ''■' 1^^'- 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That all the vacated streets. 
streets, avenues and alleys of Allen's addition to the town 
of Petersburg, excepting Enterprise street, as the same are 
platted and recorded in the recorder's office of Menard 
county, be and the same are hereby vacated. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 7, 1867. 



112 



STREETS, ALLEYS, ETC. 



In force March 
8, IStjT. 



AX ACT relating- to streets in East Quincy, in the county of Adams. 



Removal of ob 
structions. 

Commissioners 
therefor. 



Duties of. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represeiitedin the General Assembly^ That all streets, 
^Mghwayf"^'^'*^ aveuues, ways or roads in what is commonly called East 
Quincy, situated in the nortli-west corner of the north-west 
quarter of section six, in township two south, of range eight 
west of the fourth principal meridian, in the county of 
Adams, which have heretofore been opened and used as 
such, by the public, for more than twenty years, be and 
they are hereby declared to be public highways, within the 
meaning of the law relating to streets, avenues, ways or 
roads, which have been open to the use of the public for 
twenty years. 

§ 2. If any of said streets, avenues, waj^s or roads have 
in any manner been obstructed so the same can not be used 
or traveled by the public, it shall be the duty of James E. 
Furness, Thomas i^^eal and Joshua Perry, who are hereby 
appointed commissioners for that purpose, or any two of 
them, to cause said obstructions to be removed as soon as , 
possible ; and it is also hereby declared to be the duty of 
the commissioners of highways of the township of Melrose, 
in said county of Adams, to keep said streets, avenues, 
ways or roads open and worked as other highways, and for 
any neglect of duty on their part, in this respect, they shall 
be subject to indictment, and upon conviction shall be fined 
for each offense in a sum not less than fifty nor more than 
one hundred dollars, each, and moreover be liable to the 
party injured. 

§ 3. It shall, moreover, be the duty of the commission- 
ers aforesaid, named in the second section of this act, to- 
wit : James E. Furness, Thomas Neal and Joshua Perry, 
to open or cause to be opened, as speedily as possible, said 
streets, avenues, ways or roads such width as they may 
deem the public interest may require, from Twenty-fourth 
street, in tlie city of Quincy, to the main highway or road 
running on the east side of said East Quincy and termina- 
ting on Broadway street, extender! in Quincy, running by 
and in front of the residence of Isaac N. Morris, and from 
Main street, extended in said Quincy, on the north side of 
said East Quincy to said Broadway street, extended in said 
city, running on the north side of said East Quincy. con- 
forming their action, in this respect, as nearly as possible, 
to a survey made of said East Quincy by Charles Petre, the 
present county surveyor of Adams county, and the plat 
of said survey by him prepared, which they shall file with 
the town clerk of said Melrose township, together with a 
report of their acts and doings in the premises ; which shall, 
by said clerk, be recorded and kept in his office. 



TAXES. 113 

§ 4. Should any person or persons claim to be damaged Damages - as- 
by the widening, opening or extending any of said streets, ipp^^K^" ""^^ 
iivenues, ways or roads, which shall be considered and kept 
bpen as public highways, the same shall be assessed by said 
bommissioners, James E. Furness, Thomas ISTeal and Joshua 
Perry, or any two of them, and paid as now provided by law 
'or paying damages assessed for opening roads or public high- 
wrays. Should any such person or persons claiming such 
iamage be dissatisfied with the decision of said commis- 
jioners, they may take an appeal to the board of supervisors 
)f Adams county, whose judgment shall be final in the 
^remises ; but no such appeal ,sliall delay the widen in f^, 
)pening or extending of any of said streets, avenues, ways 
)r roads. 

§ 5. The said commissioners shall each receive two dol- Commissionors' 
ars and a half per day, and all incidental expenses of sur- ^°'^p*^"*^*'°"' 
rey, for their services — to be paid out of the county treasu- 
•y, upon the order of the board of supervisors of said Adams 
jounty, who are hereby required to make the same. 
I § 6. The appeal allowed by the third section of this act Appeals. 
|)hall be taken within ten days after the commissioners shall 
lave rendered their decision or make their award, and not 
thereafter ; which appeal may be eflected by the parties 
Interested notifying the commissioners, in writing, of their 
purpose or desire to take the same ; whereupon the said 
commissioners shall file the papers pertaining to the matter 
i)f said assessment with the county clerk, who shall lay them 
)efore the board of supervisors for their action thereon. 

§ 6. This act shall be deemed and considered a public 
law, and shall be in force from and after its passage. 

Approved March 8, 1867. 



LN act to legalize a tax levied in school district number one, in township lu force Fcb'y 
19, range 8 east, in Champaign county, Illinois, and for other purposes. 25, 1867. 

Whereas, at an election held in school district number Pieamhie. 
me, in township nineteen north, of range eight (8) east, in 
Champaign county, on the sixth (6th) day of August, a. d. 
-866, it was determined, by a majority of the legal voters 
hereof voting, to levy and assess upon all the taxable pro- 
)erty of said district three (3) per centum, for the purpose 
>f building a school house in said district — the same to be 
lio levied and collected in one, two and three years ; there- 
ore, 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly , That said elec- Election of eth 
ion, held on the said sixth day of August, a. d. 1866, at ^alfz^j.**"'" '" 
Yol. Ill— 15 __1 



114 TAXES. 






Champaign, in said district number one, in said township 
nineteen (19) north, range 8 east, aforesaid, be and the same 
is hereby legalized and declared in all respects valid. 
Indebtedness. § 2. The directors of said school district, for the purpose 
of building a school house in said district, are hereby author- 
ized and empowered to borrow money, in amounts not to 
exceed twenty thousand dollars, and issue bonds or obliga- 
tions for the security and payment of the same, and for 
which payment, with interest, the inhabitants of said dis- 
trict shall be held and bound, in accordance with the tenor 
and effect of said bonds or obligations ; and that said bonds 
or obligations shall not be issued^in less amounts than one 
hundred dollars, nor bear a greater interest, per annum, 
than ten (10) per centum. 

§ 3. This act shall be deemed a public act, and shall take 
effect from and after its passage. 

Appko'sted February 25, 1867. 



In force Feb'y AN ACT to authorize the county of Hamilton to levy a tax to build a fire- 
9.' 1^67. proof clerk's office. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 

Special tax. couuty court of Hamilton county be and the same is hereby 
empowered, whenever it may deem the best interest of said 
county to require it, to levy a special tax on all real and 
. personal property of said county, subject to taxation by the 
laws of this state, for the purpose of erecting in said county 
a fire-proof clerk's office, to preserve from destruction the 
public records of said county. 

Amount. § 2. Said amount hereby authorized to be raised shall 

in no event exceed the sum of $10,000, nor shall said courts 
be authorized, for the purposes herein, to levy a tax in any 
one year to exceed the amount of one dollar on each one 
hundred dollars of taxable property in said county. 

Special tax- § ^' ^^^^ couuty court is hereby authorized, also, to levy 

purpose of. a Special tax, not exceeding ten cents on each one hundred 

dollars of taxable property in said county, to raise a fund 

for the purpose of paying off any registered county orders 

or interest bearing bonds that may be due from said county. 

§ 4r. This act to be in force from and after its passage. 

Approved February 9, 1867, 



TAXES. 115 



AN ACT to authorize Pulaski county to borrow money. In force March 

9,1867.; 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the Bonds. 
county clerk of Pulaski county, Illinois, be and is hereby 
authorized to borrow money, and issue the bonds of said 
county in such denominations as they may deem proper, 
for a sum not exceeding fifty thousand dollars, and at a rate 
of interest not exceeding ten per cent, per annum, for the 
purpose of liquidating the present county indebtedness, and 
for the purpose of repairing the present county buildings, 
roads and bridges, or constructing new county buildings, 
roads and bridges, and for any other county improvements. 

§ 2. Said bonds shall, before issuing, be signed by the How signed- 
county judge and at least one of the associates, and coun- whe?e payawe. 
tersigned by the county clerk, with the seal of said court 
affixed, and made payable at such times and places as said 
court may direct — the interest on which may be made paya- 
ble, semi-annually, at the rate aforesaid, and to be receiva- 
ble for all county taxes. 

§ 3. That the aforesaid county court is hereby author- special tax. 
ized to levy a special tax upon all the taxable property in 
said county, not exceeding five mills on the dollar, per an- 
num, for the purpose of liquidating the indebtedness created 
by this act ; which said tax shall be collected at the same 
time, in the same manner and by the same officers who col- 
lect the revenue for state and county purposes. 

§ 4:. The said county court shall appoint the county Record of bonds 
clerk or some other suitable person, who shall keep a record 
of the bonds issued by the numbers thereon, to whom paya- 
ble, where payable, for what amount, at what rate of inte- 
rest, when payable, and when paid. 

§ 5. This act is hereby declared to be a public act, and 
shall take effect and be in force from and after its passage. 
. Appkoved March 9, 1866. 



AN ACT to legalize the war bonds issued by the board of supervisors of in force Feb'y 
Fayette county, and to legalize all proceedings had in reference to the 12, 1867. 
assessment, levying and collection of taxes to pay said bonds^ and for 
extending the collection of taxes. i' „, 

Section 1. Be it enacted Ixy tfte People of 'the tState of 
Illinois^ represented in the General Assembly yTh'dt the Bonds issued 
Fayette county war bonds, issued by the board of sttpervi- ^®°*^ *° 
sors of the county of Fayette, at the February special ternaj^ 
A. D. 1865, to volunteers who enlisted to till the quota of • 
soldiers of the county of Fayette, under calls for troops of 



1 16 TAXES. 



1 



December, 1864, be and the same are hereby legalized ; 
and the bonds issued by the said board of supervisors, at 
said special term,' or by their order, shall be valid in law 
and binding upon said county, and shall remain in full force 
and effect according to the terms thereof. 
Special tax. § 2. The board of supervisors of said county be and 

they are hereby authorized and empowered to levy a special 
tax, not exceeding three per centum per annum, on all real 
and personal property subject to taxation in said count}", to 
pay the principal and interest on said bonds, issued as afore- 
said, by said supervisors, as the same shall become due and 
payable by the terms of said bonds. 
Levyins, etc. § 3. The aforcsaid special tax shall be levied in the 
same manner and collected the same and at the same time 
that all other taxes are levied and collected in the county of 
Fayette. 
Rfttitie.i and § 4. All taxcs that have been assessed and levied for 
^*^'^' the purpose of paying the principal and interest on said 

bonds, issued as aforesaid, be and are hereby ratified and 
declared valid in law in all respects. 
Sales of land. g 5. No salcs of lands or real estate in said county of 
Fayette, for taxes due thereon, under and by virtue of a 
judgment of the county court of said county, entered at the 
June term, 1866, shall be deemed or taken to be invalid or 
illegal in consequence of taxes having been assessed and 
levied to pay principal and interest on said bonds, nor 
shall any certificates of purchase, issued by the proper 
officers in pursuance thereof, be construed in any manner to 
be illegal in consequence of said tax. 
Collection ex- § 6. Tlic collcctiou of taxes in the county of Fayette be 
and is hereby extended until the 25th of March, 1867. 

§ 7. This act shall take effect and be in force from and 
after its passage. 

Approved February 12, 1867. 



tended. 



In force Feb'y AN ACT to repeal an act entitled "An act to authorize the township of 
13, 1867. Fountain Green, in the county of Hancock and state of Illinois, to levy 

and collect a tax to pay volunteers in the military service of the United 
States, and for the relief of Jacob S. Ross, late collector of said Foun- 
tain Green township." 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly^ That an act 
Act repealed, entitled "An act to authorize the township of Fountain 
G-reen, in the county of Hancock, and state of Illinois, to 
levy and collect a tax to pay volunteers in the military ser- 
vice of the United States," approved February the 16th, 
1865, be and the same is hereby repealed. 



TAXES. 117 

§ 2. That Jacob S. Ross, late collector of said Fountain Return oi mo- 
Green township, be and he is hereby authorized and em- ^^^' ^*°' 
powered to return all money or property, now remaining in 
his hands as such collector, which he has, as such collector, 
collected or took by process of law, for taxes levied by 
virtue of the law repealed by this act; and that, upon the 
return of said money and property, that the said Jacob S. 
Ross be and he is hereby relieved from all further duty and Relief from duty 
responsibility or liability for any act done under and by 
virtue of said law, and that he, and his securities on his 
bond as such collector, be and they are hereby relieved from 
all further responsibility on said bond, on account of money 
or property so returned by him under the provisions of this 
act, on account of the failure of said Jacob S. Ross to col- 
lect any part of the taxes levied under said act which is by 
this act repealed. 

§ 3. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved February 13, 1867. 



AN ACT to legalize and provide for the collection of certain taxes levied ^" force Jan'y 
in the towns of DuPage and Wilton, in Will county, in the year 1864. '^^' ^^'°'^' 

Section 1. J3e it enacted hy the People of the State of 
Illinois^ rejpresentedin the General Assembly^ That the taxes Taxes levied in 
levied in the town of DuPage, in the year 1864, for the ^^^^' ^^s*'- 
purpose of reimbursing moneys advanced by certain indi- 
viduals, for the purpose of filling the quota oi' said town in 
the army of the United States, and the taxes levied in the 
town of Wilton, in said county, in the same year, for the 
purpose of paying a bounty to volunteers to fill the quota 
of said town, in the army aforesaid, as extended upon the 
tax books of said towns, respectively, for that year, both be 
and the same are fully legalized and confirmed in all res- 
pects ; and the county clerk of said county is authorized 
and required to issue, as soon hereafter as may be, new issue of new 
warrants to the collectors of said towns for the collection of '^^'■'■''''*'- 
said taxes, and that said collectors, on receiving such war- 
rants, proceed to collect said taxes in the same manner as 
other taxes are collected ; and that if, for any cause, either 
of said collectors shall fail to collect such taxes or any part 
thereof, and it shall become necessary that other warrants 
be issued, the said clerk is empowered and required to issue 
still other and further warrants for such taxes, from time to 
time, until the whole shall be collected ; and that said col- 
lectors return such warrants, in time for judgment to be 



118 



TAXES. 



obtained on the deliuquents at the May term of the county 
court of said county. 

This act to take effect and be in force from and after 
its passage. 

Appkoved January 30, 1867. 



1866 legalized. 



In torce Jan'y AN ACT to legalize a certain tax levied by the board of supervisors of 
3^» 1^®"- Rock Island county. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ rej^resented iii the General Assembly^ That all taxes 
Taxes levied iu levied durinp' the year 1866 by the board of supervisors of 
Rock Island county, m any oi the townships m said county, 
as bounty taxes, be and the same are hereby legalized and 
declared valid, and the same are hereby ordered to be col- 
lected in like manner as other taxes levied by order of said 
board. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved January 30, 1867. 



In force Feb'y AX ACT to authorize the county of Jersey to levy a special tax. 

18, 1867. 

I Section 1. Be it enacted hy the Peojyle of the State of 

Illinois^ represented in the General Assembly^ That the 

Rate, etc. couuty court of the count}^ of Jersey is hereby authorized 

to levy a special tax, at a rate not exceeding five mills upon 
each dollar's worth of property, upon all the taxable pro- 
perty in said county, to be assessed and collected as other 
county taxes are assessed and collected, for the year one 
thousand eight hundred and sixty-seven, for the purpose of 
erecting a county jail for said county. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved February 18, 1867. 



\\iiih t>Iodv/ Oil J Vvum .91111.1 
,, ,.no[ri<jl)jji 'i Hi ^3-tn/;Tfj;v/ doir;r iriiilo'i S-iolool 



TAXES. 119 



AN ACT to enable the town of Tampieo and the town of Jordan, in the Iq force Feb'y 
county of Whiteside, to levy and collect a bounty tax. 18,1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That at the Question of— 
next annual town meeting to be held in the town of Tam- purpose-eiec 

C5 .—^.^^ tion lor, 

pico and in the town of Jordan, in the county of Whiteside, 
the question whether said towns shall, respectively, be taxed 
to pay to those persons who advanced money to aid in fill- 
ing the quota of said towns, under the calls of the presi- 
dent of the United States for volunteers for the army of 
the United States, to suppress the rebellion, during the 
years of 1862, 1863 and 1864: and 1865, shall be submitted 
to the legal voters thereof, by ballot. The ballots used at 
said election may be either written or printed, and shall be 
" for bounty tax," or " against bounty tax ; " and if the 
majority of the votes cast at said election, in either or both 
of said towns, shall be " for bounty tax," then such tax 
shall be levied and collected, as hereinafter provided, in 
said town so voting for said bounty tax. 

§ 2. The board of town auditors of said town shall, at Board of audi- 
their next meeting, or as soon thereafter as may be conve- *°^'^" 
nient, meet at the office of the town clerk of said town, 
and hear all persons having claims for money or other val- 
uable considerations advanced to aid in filling the quotas of 
said towns, respectively, under said calls; and shall audit 
and allow all just and equitable claims for money so ad- 
vanced. In favor of the respective parties so having advanced 
the same ; and shall issue to each person a certificate, under 
the hand of the town clerk of such town, for the sum so 
audited and allowed to each ; and such certificate shall 
thereupon be evidence of a legal and valid claim against 
said town for the amount thereof, and interest thereon till 
its payment ; and said board of town auditors shall certify 
to the next annual meeting of the board of supervisors of , 

said county the total amount so audited and allowed by 
them, and the same shall be by said board extended on the 
tax books of said towns, respectively, as a town bounty tax. 
and shall be collected as other taxes for town purposes are 
y now by law levied and collected ; and the same shall be 
paid over to the supervisors of said towns, respectively. 

§ 3. This act shall be deemed a public act, and take 
effect and be in force from and after its passage. 

Approved February 18, 1867. 



120 TAXES. 



Iq force Feb'y AX ACT to enable the county of Logan to levy a special tax to build a 
' • jail, erect bridges, and other improvements. 

Section 1. Be it enacted hy th^ People of the State of 
llliiiois, represented in the General Assembly^ That the 

Rate of-how couiitj coiii't ot* the countj of Logan, in the state of Illinois, 
be and is hereby authorized to levy a special tax on the 
taxable property of said connty, not exceeding one per cent, 
in any one year, for the purpose of building a jail, erecting 
bridges, and other pubhc improvements in said county — 
said tax to be levied, extended and collected in the same 
manner as other state and county taxes. 

Vested powers. § 2. The powcrs herein conferred upon the county court 
of Logan county shall be vested in the board of supervisors 
of Logan county, whenever said county shall have adopted 
the system of and organized under the lav^s of this state 
providing for township organization. 

§ 3. This act shall be a public act, and be in force and 
effect from and after its passage, for a period not exceeding 
four years. 

Approved February 18, 1867. 



J° 'oj-co Feb'y AX ACT to authorize the county of Cumberland to levy and collect a 
'■ special tax for the purpose of building bridges in said county. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AssetnUy, That the 
Special tax. board of supervisors of the county of Cumberland be and 
are hereby authorized to order to be levied and collected a 
special tax, as other county revenue is levied and collected, 
I of not more than thirty cents upon each one hundred dol- 

lars' worth of valuation of real and personal property in 
said county, annually; which tax, when collected, to be 
JJor building appropriated to building a bridge or bridges in said county. 
'" ^^^' § 2. This act to take effect and be in force from and 

after its passage. 

Approved February 19, 1867. 



n {oj^ce Feb'y AX ACT to legalize a tax levied by the town of Kankakee for road and 
' bridge purposes. 

Section 1. Beit enacted hy the People of the State of 
Illinois, represented in the General Assefirihly, That the 
action of the board of town auditors of the town of Kan- 



TAXES. 121 

kakee, in the county of Kankakee, in making a levy and Levy and a3- 
assessment of a special tax, for the year one thousand eight iseMegaiized'! 
hundred and sixty-six, of four mills on the hundred dollars' 
valuation of property, for the purpose of building and 
keeping in repair the roads and bridges of said town, be 
and the same is hereby legalized and approved. 

§ 2. This act shairbe deemed a public act, and shall be 
in force from and after its passage. #> 

Approved February 19, 1867. 



AX ACT to extend the time for the collection of taxes in Belvidere town- in force April 

ship, in Boone county. 26, 1867. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ Tejpresented in the General Asse^nhly^ That the time Extension, 
for the collection of taxes in the township of Belvidere, in 
the county of Boone, be and the same is hereby extended 
to the twentieth day of March next, 1867, and that all 
rights and remedies for the collection of taxes in said town 
shall remain in full force and exercise, as if said time had 
not been extended. 

§ 2. The securities of the collector of said town shall Seourities. 
respect be released from their obligation by such extension. 

Appkoved February 26, 1867. 



AN ACT to enable the town of Mount Pulaski to levy a special tax for In force Feb'r 
certain purposes therein named. ^^' ^^®^" 

Section 1. Beit enacted hy the Peojple of the State of 
Illinois^ represented in the General Assembly, That the Rate3of— peaai- 
board of trustees of the town of Mount Pulaski, in the payment. ^''^~ 
county of Logan, be and are hereby authorized and em- 
powered to levy a tax, not exceeding two per cent, on all 
the taxable property, both real and personal, in the said 
towm of Mount Pulaski, for the purpose of erecting a jail, 
wherein such persons, convicted of violating the laws of 
said town, or who refuse to pay the fines assessed or ad- 
judged against them, or from whom the fines assessed or 
adjudged against them can not be collected, may be confined 
until such lines are paid to the proper ofiicers of said town. 

§ 2. This act shall be a public act, and shall be and 
remain in force for three years after its passage. 

Approved February 28, 1867. 

Vol. Ill— 16 



122 TAXES. 






In force March AX ACT to authorise the town of Padua, in the county of McLean, to levy 
1, 1867. j^ special tax to refund money furnished to pay bounties to volunteers. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asseinbly^ That the 
Rate of. town of Padua, in the county of Mcl^ean, be and is hereby 

authorized and empowered to levy a special tax on all the 
taxable property in said town, not to exceed one per cent., 
in the year 1867, for the purpose of refunding to sundry 
persons money furnished by them to pay bounties to volun- 
teers from said town. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved March 1, 1867. 



In foiee March AN ACT to authorize the towns in Cook county to levy a tax for road 
5? 1^67. purposes. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly^ That at any 

Determined by annual or Special town meeting, held in the towns or any 
town in Cook county, outside of the city of Chicago, as 
now provided for by law under the township organization 
acts, or as hereinafter may be provided by law, for calling 
an annual or special town meeting, after giving ten days' 
notice thereof, the legal voters of said towns may determine 
whether they will or not macadamize, gravel, plank, clay 
or otherwise improve or construct any road or part of road 
in such town, by a majority vote of all the voters voting 
thereon at such town meeting. 

Road improve- § 2. Whenever the legal voters, at such town meeting, 
?ied*fo7^^'^ ^^ shall determine to macadamize, gravel, plank, clay or other- 
wise improve or construct any road or part of any road, as 
provided in section one of this act, then the commissioners 
of highways in such town shall make an estimate of the 
cost thereof, and shall levy a tax upon the taxable property 
of said town, which tax shall be levied and collected as is 
now Yjrovided by law ; or may issue bonds of said town, 
which bonds shall be made payable at such times and in such 
amounts and such places as the commissioners of highways 
shall determine : Provided^ that said bonds shall not bear 
a higher rate of interest than ten per centum per annum. 

Issue of bonds! § 3, That if thc commissioners of highways shall deter- 

-coUection of ijjjjjjg ^^y issuc bouds, as provided in section two of this act, 
land shall issue bonds as therein provided, then the said 
commissioners of highways shall levy and collect an annual 



TAXES. 123 

tax, not to exceed sixty cents on each one hundred dollars 
of taxable property of said town ; which tax, so levied, 
shall constitute a sinking fund for the payment of the princi- 
pal and interest of said bonds, and shall be used for no 
other purpose. 

§ 4. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 5, 1867. 



AN ACT to authoi-ize the board of school inspectors of the city of Peoria in force March 

to levy a tax. 6, 1867. 

Section 1. Be it emacted by the Peoi)le of the State of 
Illinois^ represented in the General Assemlly^ That it sjiall Taxation, 
be the duty of the board of school inspectors of the city of 
Peoria to levy, each year, such a rate of tax, not exceeding 
sixty (60) cents on the one hundred dollars, as they, in their 
discretion, may determine, and to report the same to the city 
council at least thirty days before the tax for city purposes 
shall have been extended upon the tax books of said city ; 
and said city council shall order the clerk of the said coun- 
cil to extend said rate of tax, so reported by said board of 
inspectors, upon the tax books of the city for the current 
year. 

§ 2. That section (2) two of an act entitled "An act to Repealed sec- 
amend an act entitled 'an act to amend the charter of the ^^^^^' 
city of Peoria, and to establish and regulate a system of 
public schools in said city,' and approved February 16, 
1865," is hereby repealed, but all other sections of said act 
shall remain in full force and effect. 

§ 3. This act is hereby declared to be a public law, and 
shall take effect and be in force from and after its passage. 

Approved March 6, 1867. 



AN ACT to authorize the legal voters in the south half of township six In force March 
north, range ten west, and the fractional part of township five north, ^» ^^^^• 

range ten west, lying outside the city of Alton, of third principal meri- 
dian, in Madison county, Illinois, to levy a tax for the purpose of grading, 
macadamizing and improving certain roads. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented m the General Assemhly^ That the dis- Election dis- 
trict of country in Madison county and state of Illinois known *"^*' 
and described as the south half of township six and the 



124: 



TAXES. 



Taxes. 



Judges of elt'C 
tion — clerks. 



fractional part of township live, outside of the city of Alton, 
in range ten west of the third principal meridian, is hereby 
constituted into an election district, for the effect;> and pur- 
poses hereinafter mentioned. 

Be it further enacted^ That for the purpose of grading 
and macadamizing the public road from the north end of 
what is known as the plank road, in the north boundary 
line of the city of Alton, to the line between townships five 
and six north, range ten west, distance about one mile, the 
legal voters living within said district are hereby authorized 
to levy a tax, not exceeding one-half of one per cent, per 
annum, upon the real estate and personal property within 
said district. 

Be it further enacted^ That J. G. Smith, Joseph Peters 
[and] John M. Peirson are appointed judges of said election, 
who shall give public notice, in at least four places within 
said district, of the time and place of holding said election, 
and of the object to be voted on. Before opening the polls 
the said judges shall appoint two clerks, who shall be legal 
voters in the district, who shall keep a record of the proceed- 
ings of the said election in the same manner as is provided 
Form of ballot, for the elcction of county officers. The said election shall 
be by ballot— the voter writing upon his ballot "For the tax" 
or "Against the tax," as he may prefer. The said judges 
and clerks shall be sworn, and the said election shall be 
conducted in the same manner as is provided for the elec- 
tion of county officers. If it shall appear, ttfter closing the 
polls, that a majority of the votes are for the tax, one of the 
poll-books shall be returned to the clerk of the county court 
and the other be retained by the judges of election, 
^elecuon''- offi- . ^^ H further enacted, That it shalfbe the duty of the said 
cers-bondsof. judgcs, if a majority of the votes are in favor of the tax, to 
give public notice, in manner and form heretofore given, 
that an election will be held, at a time and place specified 
■ in the notice, for an election for three commissioners, a col- 
lector, and a treasurer, who shall hold their office for a term 
of two years and until their successors shall be elected and 
qualified. The said collector and treasurer shall give bonds, 
with security, for the faithful performance of their duties, 
in such amount as the said commissioners may require. 

Be it further enacted, That the said commissioners shall 
be constituted a body corporate and politic, by the name 
and style of "The Monticello Yalley and Alton Macadam 
Highway Company," and by that name shall have succes- 
sion for the term of ten years ; may sue and be sued, com- 
plain and defend in any 'court of law or equity. The said 
commissioners shall appoint one of their number for presi- 
dent, and nuiy aiJ])oint a clerk, if they deem it necessary. 
The said clerk shall keep a record of the proceedings of the 
board, and perform such other duties as may be required by 
the board. The commissioners shall be entitled to receive, 



I 



>'ara6 and j^tyic 



Powers. 



TAXES. 125 

out of the proceeds of the tax, as a compensation for their 
services, two dollars per diem, for the time necessarily em- 
ployed in the performance of their duties, under the provi- 
sions of this act ; and they shall allow the collector, treas- 
urer and clerk of the board a reasonable compensation for 
their services. 

Be it further enacted^ That the said commissioners shall Contracts. ■ 
be authorized to contract with one or more persons for the 
grading and construction of said road, and shall require 
bond and secnrity for the faithful performance of all contracts. 

Be it further enacted^ That when the said road shall be Meetings— pur- 
completed to the point indicated in section two, the said ^^^^ 
commissioners shall call a meeting of the legal voters of the 
district, giving the same notice required in the third section 
of this act, for the purpose of deciding whether a tax shall 
be levied in the district to ofrade and macadamize the pub- 
lic road from the point of intersection with the line between 
townships five and six north, northwardly, towards Monti- 
cello ; and, also, the public road leading from Upper Alton 
to Grafton, or such parts of said roads as the said commis- 
sioners may elect. The said election shall be conducted in 
jhe same manner as provided in said section. If it shall 
appear that a majority of the votes are in favor of the tax, 
one-third of the amount arising from said tax shall be appro- 
priated to the Alton and Grafton road and two-thirds to the 
Alton and Monticello road. 

Be it further enacted^ That the county court shall keep Repairs of road 
the roads, thus mac^amized, in repair, or such parts there- ^pp^^'^' 
of as may be linishea and turned over to the county. The 
county court of Madison county are hereby authorized to 
make such appropriations, in aid of the construction of the 
said road, as, in their judgment and discretion, may seem' 
just and reasonable. 

Be it further enacted. That as a basis of taxation the clerk ^^f^^f^^^^l~ 
of the board shall obtain, from the county assessor, a certi- 
fied copy of the assessment of the district, from which he 
shall make out blank receipts, for the use of the collector, 
who shall have the same power and authority, in the col- 
lection of the tax, that the collector of the county revenue 
now has or may have under the laws of this state. 

Be it further enacted] That all moneys drawn from the warrtnts. 
treasurer shall be by warrant, signed by the president of 
the board and countersigned by the clerk. 

Ttiis act to be in force from and after its passage. 

Approved March 6, 1867. 



126 TAXES. 

In force March AX ACT to enable the county of McDonougb to levy and collect a tax to 
"'^^^^* build a court house and jail. 

Section 1 . Be it enacted hy the Peo])le of the l^tate of Illi- 
nois^ represented in the General Assemlly^ That the board 
Rate of— pur- of supervisors of .the county of McDonouffh, in said state, 
^ ' ' be and they are hereby authorized and empowered, at any 
regular or stated meeting of said board, to order a tax to be 
levied and collected upon all real and personal property, lia- 
ble to taxation, in said county, including the city of Macomb, 
of not exceeding two per cent, on each and everyone hundred 
dollars of the assessed value of such property, for the pur- 
pose of building a new court house and jail or a new court 
house in said county — said tax to be levied at such times 
and in such amounts as said board may deem advisable: 
Provided^ that no more than one tax shall be levied, in any 
one year, for such purpose. 
Levying,coiiect- § 2. Any and all taxes levied and collected under the 
teSdingf ^^' provisious of this act shall be levied, extended and collected 
at the same time and in the same manner and by the same 
officers as county taxes now are or may hereafter be levied, 
collected and extended in said county ; and when collected 
shall be subject to the disposition of said board of super- 
visors in the manner and for the purposes contempljlted by 
this act. 

§ 3. This act shall take efl'ect and be in force from and 
after its passage. ^ 

Approved March 7, 1867. 



^ 'Tftfi ^^^^ ^^ ^^'^ ^^ enable the inliabitants of Dwight township, county of Living- 
' ston, to levy a tax for the purpose of experimenting for coal. 

Section 1. Be it enacted hy the People oj the State of 
Illinois^ rej^resented in the General Assembly^ That the clerk 
^n'd extension. ^'" ^^^ county court of Liviugston county, in the state of Il- 
linois, be required to apportion and extend a tax of — mills 
on every dollar's valuation of taxable property in township 
30 north, of range 7 east, including the town of Dwight, on 
the collector's book for said township, for the year 1867, by 
Coal tax-how itsclf, stylcd '*coal tax" — said tax to be collected as other 
amination 4.y taxcs aro, by law, for county, state and other purposes, and 
commissioners ^^^Qn collcctcd to be paid ovcr to David McWilliams, J. H. 
Hagerty and II. Eldridge, who are hereby appointed com- 
missioners to conduct all operations necessary for a proper 
examination for stone coal in the vicinity of said town of 
Dwight. Said commissioners shall give bond to the super- 



TAXES. V 127 

visors of said town of Dwight, for the use of the inhabitants 
thereof, in double the amount of the sum raised b_y said tax, 
conditioned for the due and proper application of all moneys, 
so coming into their hands as such commissioners, to the 
purposes aforesaid. Any moneys left unexpended, after Disposition of 
making experiments satisfactory to said commissioners, unexpended 
shall be paid over by said commissioners into the general ™^"^^^' 
school fund of the town of Dwight, and shall form a part of 
said school fund : Provided^ that this act shall not take ef- Proviso, 
feet or be in force until the same shall have been voted 
upon, at the next election for town officers in said town of 
Dwight, in the following manner, viz : All those electors 
who shall vote for said tax shall denote the same by placing 
upon their ballots "For coal tax law," either written or 
printed ; and if, at such election, a majority of all the votes 
cast shall be for the said tax, then this act shall thereupon 
be in force and take effect ; otherwise the same shall not 
take effect or be in force in any manner whatsoever. 
Appeoved March 9, 1867. 



\ 

AN ACT to authorize the president and trustees of the town of Bushnell to In force March 
levy and collect a tax in aid of the Toledo, Peoria and Warsaw Rail- 5,1867. 
road. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ rej^resentedinthe General Assembly^ That the presi- Amount of-pur- 
dent and trustees of the town of Bushnell, in the county of 
McDonough, and state of Illinois, be hereby authorized to 
levy a tax upon all the property, both real and personal, 
within the bounds of the corporate limits of said town, not 
exceeding in the aggregate twelve thousand dollars, and 
collect the same as other taxes of said town are collected, 
for the purpose of procuring the right of w^ay for the To- 
ledo, Peoria and Warsaw Eailway through said town, and 
for building depot buildings for said railway in said town ; 
and they are hereby, also, authorized to issue bonds run- issue of bonds 
ning five years, bearing interest not to exceed ten per cent. ^nSai.''^"'' 
on an amount not exceeding twelve thousand dollars, for 
said purpose, and to levy and collect a tax, each year, in such 
a manner and to such an amount as they may deem best for 
the purpose of liquidating said bonds and the interest accru- 
ing thereon, paying all the interest and one-fifth of the 
principal each year, if desired : Provided^ that no tax shall Proviso. 
be levied in pursuance of this act until the same shall have 
been approved by a majority of the legal voters of said 
town, at a general election, held in pursuance of the char- 
ter and by-laws of said town. 



128 



TAXES. 



§ 2. This act shall take effect and be in force from and 
after its passage. 

AppkoVed March 5, IS 67. 



1° fOgrce Fet'y AX ACT to repeal an act entitled "An act to enable the town of Fall 
Creek, in the county of Adams, to levy and collect a tax for a war 
fund, therein named," approved Feb. 16, 1865, and to provide for the 
disposition of the remainder of said war fund. 



Act repealed. 



Dippoaition 
funds. 



of 



Section 1 . Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemlly^ That an act 
entitled "An act to enable the town of Fall Creek, in the 
county of Adams, to levy and collect a tax for a war fund, 
therein named," approved February 16, 1865, be and the 
same is hereby repealed. 

§ 2. That ail moneys collected under the provisions of 
said act, named in the lirst section hereof, remaining in the 
hands of the committee named in said act, or of any other 
person or persons, shall be, within thirty days after the pas- 
sage of this act, paid over to the township treasurer of said 
town of Fall Creek ; and it shall be the duty of said treasurer 
to distribute and pay the same to the directors of the Several 
school districts of said town in the same proportion, to each 
district, as the public school fund is required to be distribu- 
ted by law. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved February 28, 1867. 



In force Feb'y 
28, 1867. 



AX ACT to legalize a certain tax in Boone county. 



Section 1. Be it enacted hy the People of the State of 
Illinois,^ represented in the General AsseraUy^ That the 
Tax of 1866 ic- actiou of the board of supervisors of the county of Bond, 
gaiized ^^ ^j^^ fifteenth day of September, a. d. 1866, authorizing 

tho levying of a special tax of two mills on the dollar, on 
all the taxable property in said county, for the purpose of 
liquidating indebtedness incurred in raising troops for the 
United States' service, prior to December 1, a. d. 1864:, be 
and the same is hereby legalized. 

§ 2. This act shall take effect and be in force from and 
after is passage. 

Approved February 28, 1867. 



TAXES. " 129 



AN ACT to authorize the county of Madison to levy an additional tax I" ^^^'^foJ^^^'^ 

for county purposes. ' 

Section 1. Be it enacted hy the People of the State of 
Illinois^ I'epresented in the General Assembly, That the Authority to 
county court of Madison county be and they are hereby l!how^onected 
authorized annually to levy, in addition to the amount now 
authorized by law for county purposes, the sum of twenty 
cents on the hundred dollars' worth of taxable property in 
said county, to be levied, assessed and collected as other 
county taxes ; and the same lien created to secure county 
tax, and the provisions madefortiie collection thereof, shall 
also exist and apply to this tax. 

§ 2. This act to be in force from and after its passage. 

Approved February 22, 1867. 



AN" ACT in relation to surplus bounty tax in the town of Cicero, in Cook ln|foree Feb'y 

county. -•"' 1867. 

Section 1. Be it enacted hy the People of tlie State of 
Illinois, represented in the General Assembly, That the sur- Disposition of 
plus money arising from the bounty tax in the town of ^^^pius moneys 
Cicero, in Cook county, in this state, be and the same is 
hereby appropriated to the payment of such town charges 
of said town, and services and expenses of the officers of 
said town, on account of their respective offices, as may be 
from time to time, audited and allowed by the board of 
auditors of said town, until the same shall be expended. 

§ 2. That the board of auditors of said town may and Money paid for 
shall audit and allow, as town chai'ges of said town, under !o be auditedls 
this act, such sums of money as may be paid by the super- town charges, 
visor of said town, by authority of a majority of said board, 
for the relief of any needy widows or orphans of Union 
soldiers in said town, out of said fund.' 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved February 23, 1867. 



Yol. Ill— 17 



130 



TEMPERANCE SOCIETY. 



IQ force ^Feb'y AN 'ACT to incorporate the Father Mathew Total Abstinence Society of 

the city of Chicairo. 



Powers. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ rejjresented in the General Assembly^ That Ste- 

Corporators. p^en Gradj, John Connell, John Conway, Richard P. Col- 
lins, John y. Kane, Andrew Eraphy, J^dm Durkin, John 
Quigley, John Baland, Patrick McGrath, Thomas Mnrnon, 
WiUiam O'Neil, William Flannery, James O'Mara, Michael 
Kenny, John O'Day, Francis Kelley, Jeremiah Kyan, 
and all other persons who now are or may hereafter become 
members of the Father Mathew total abstinence and benevo- 
lent society of the city of Chicago, be and they are hereby 
created and constituted a body corporate and politic, by the 

Name and style name and style of '' The Father Mathew Total Abstinence 
and Benevolent Society of the city of Chicago," arid by 
that name shall have perpetual succession, and be capable 
to sue and be sued, to plead and be impleaded, answer and 
be answered unto, defend and be defended, in all courts 
and places whatsoever ; and may have a common seal, and 
may alter the same at pleasure. 

§ 2. The corporate powers of the corporation hereby 
created are hereby vested in a board of managers, which 
shall consist of eighteen members, twelve of whom shall 
constitute a quorum for the transaction of business. 

§ 3. The said board of managers shall all be residents 
of the city of Chicago, and citizens of the state of Illinois ; 
they shall be elected annually by the members of the cor- 
poration, at such times and places as the by-laws of said 
corporation may prescribe: Provided, that the persons 
herein named as corporators shall constitute the first board 
of managers, and shall hold their offices until the first Mon- 
day of March, 1857, and until their successors shall be duly 
elected and qualified. 

other officers. § 4. The Other officers of said corporation shall be a 
president, a secretary, assistant secretary, and treasurer, 
and be chosen at the time of, and in the manner provided 
for the election of the board of managers, and shall be, ex 
officio^ members of the board of managers, and hold their 
offices for one year and until their successors are elected 
and qualified. 

Powers of board § 5. The board of managers shall have power to appoint 
such other and additional minor officers and agents as may 
be necessary to carry out the objects of the corporation ; 
the number and duties of such minor officers and agents and 
the tenure of their offices to be prescribed by the by-laws. 

§ 6. The said corporation shall be capable in law to 
purchase, take, receive and hold lands and property, real 
and personal, and to take, receive and hold lands and pro- 
perty, real and personal, which may be given or bequeathed 



Officers. 



QoaliScations 
and election. 



TEMPEEANCE SOCIETY. 131 

to it ; to be employed and disposed of according to the ob- 
jects and by-laws of the corporation, and the will and intent 
of the donors : Provided^ that the clear yearly income of income, 
this corporation shall not exceed ten thousand dollars, and 
the value of its real property shall not exceed fifty thousand 
dollars, nor of its personal property twenty thousand dol- 
lars. 

§ 7. Persons between the ages of fourteen and forty- Qualifications of 
five years, having first taken the total abstinence pledge, ^^^ ^^^' 
may be admitted to membership in said corporation, in 
such manner, and on complying with such conditions as 
may be prescribed by the by-laws. 

§ 8. The members of said corporation shall pay such Fees, etc. 
initiation fee and such monthly and other dues as the by- 
laws may prescribe. 

§ 9. The board of managers shall hold staled meetings Meetings. 
at least once every month, and special meetings may be 
called by the president at such times and in such manner, 
at such places as may be prescribed by the by-laws. 

§ 10. The funds of this corporation shall be applied to Disposition of 
the relief ot its members in sickness, and to their interment 
after death, and to the relief of their widows and orphans 
and after such manner as shall be prescribed by the by-laws. 

§ 11. The board of managers shall have power to make By-iaws, etc. 
and prescribe all necessary rules, regulations and by-laws 
for the government of said corporation, and the transaction 
of its business, not inconsistent with the laws of this state 
and of the United States : Provided^ that all such by-laws, 
rules and regulations shall be submitted to a regular or 
called meeting of the members of said corporation, within 
one month after the adoption thereof by said board of man- 
agers ; and if approved by a majority of the members of 
said corporation, such by-laws, rules and regulations shall 
continue in force ; but if not approved, as aforesaid, the 
same shall be of no further [force] or effect; and any by-law, 
rule or regulation of said corporation may be amended, 
modified or repealed by the members of said corporation at 
any regular or regularly-called meeting of the members of 
said corporation. 

§ 12. The board of managers shall have power to pre- 0ffic«r»' duties, 
scribe, by by-laws, the powers and duties of the officers of 
said corporation, and to require of the treasurer or any 
other officer, bonds, with proper security, to be approved 
by said board, for the proper discharge of the duties of such 
treasurer or other officer. 

§ 13. The funds of said corporation may be loaned upon 
real estate securities, for such times, to such persons, and 
upon such terms, as may be approved by the board of man- 
agers. 

§ 14. The members of said corporation shall be liable indebtedness, 
to pay to the treasurer of said corporation, for the use of 



132 TOWN INDEBTEDNESg. 

said corporation, such sums of money, at such times as may 
be fixed by the b^^-laws, from time to time; and upon the 
faihire of any member to pay the same at the time required 
by the by-laws, such member may be proceeded against by 
suit in any court having jurisdiction, in the name of said 
corporation, and the collection thereof enforced at law as in 
other cases, or the membership of such defaulting member 
in said corporation, and his interest therein, may be de- 
clared forfeited, at the discretion of said board of managers. 
Expulsion of § 15. The by-laws of said corporation may provide for 
members. ^\^q expulsiou of any member of said corporation, and shall 
prescribe the manner, and for what causes, a member may 
be expelled ; and after such expulsion such member shall 
not be entitled to any interest in said corporation, or enti- 
tled to any of its benefits. 

§ 16. This act shall be deemed a public act, and take 
effect from and after its passage. 

Appkoved February 21, 1867. 



lu force Feb'y AN ACT to provide for the issuing of bonds by the town of Kewanee to | 
lo, 1867. jj}(j jji ^ijg establishment of a woolen mill therein, and for the payment " 

of the same. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ I'ejrresented in the General Assembly^ That it shall 

Special election be lawful for the supcrvisor of the town of Kewanee, in the 
inducted. °^^ couuty of ITcnry, upon the petition therefor often free-hol- 
ders of said town to call a special election, of which at least 
ten days' notice shall be given by posting at least five 
notices in public places in said town, to determine whether 
said town shall issue bonds for the purpose hereinafter set 
forth ; which notices shall state the object of said election, 
setting f(jrth the amount of bonds proposed to be issued, to 
whom and when payable, and in what property payment 
thereof is to be secured, and the time and place of holding 
such election. And the said election, when holden, shall 
be organized and conducted in all respects as elections 
under the general election laws of the state are required to 

Proviso. be organized and conducted : Provided^ that no registry 

of voters need be made for said election, and that the regis- 
ter of voters used at the last annual election before such 
special election shall be deemed and taken to be suflacient. 
And the ballots used at said election may be either printed 
or written, and shall be "for issuing bonds," or "against 
issuing bonds ;" and if a majority of the votes cast be 
" against issuing bonds," then no further proceedings shall 
be had under said call. But if a majority of said votes 



TOWN INDEBTEDNESS. 133 

shall be "for issuing bonds," then the proceedings shall be 
as hereinafter provided. 

§ 2. If the majority at said election shall vote for issu- issue of bonds 
ing bonds as aforesaid, it shall be the duty of the supervi- — "^*®^'®'^*'- 
sor, assessor and collector of said town, in their official 
capacit}^ and in the name of said town, to execute and issue 
bonds from time to time, not exceeding in amount the sum 
of twent}^ thousand dollars, bearing interest not exceeding 
ten percent, per annum, to any individual or individuals who 
shall commence the erection of a woolen mill in said town, 
within one year after the passage of this act, and shall have 
already expended of his or their money on such erection 
and the real estate on which the same may be situated, not 
less than ten thousand dollars, which bonds shall be binding 
on said town, and be a lien upon the taxable property Liens, 
thereof : Provided^ that payment of said bonds shall be 
secured to said town by a first mortgage containing a power ^ . 

of sale on said woolen mill and the machinery therein, 
which mortgage shall be executed according to the laws of 
the state of Illinois in relation to conveyances oi real estate, 
and shall be binding like said conveyances, on said woolen 
mills and machinery, and shall be executed to the supervi- 
sor of the town of Kewanee, and the power thereby con- 
ferred for the sale and conveyance of said woolen mill and 
machinery, shall be executed by the acting supervisor of 
said town for the time being*. 

§ 3. That if the mortgagors aforesaid or their assigns Failure to pay 
shall fail to pay the said bond or the interest thereon, accord- -'mu"f ^^^*^® °' 
ing to the tenor and effect thereof, it shall be the duty of 
the said supervisor, on tlie request of the holder of said 
bonds to advertise and sell said woolen mill and machinery 
according to the terms of said mortgage ; and if the same 
shall not bring enough money to pay said bonds and inte- 
rest aforesaid, it shall be the duty of said supervisor to 
make and certify to the clerk of the county court of said 
county, a statement of the amount of principal remaining Principal un 
unpaid on said bond together with the interest, including ''^^^' 
interest to the first day of July next thereafter, and request- 
ing him to extend the same on the tax book of said town in 
the same manner that other taxes are extended on said book, 
and the said clerk, upon the receipt of such statement shall 
add thereto the usual fees for extending said taxes and the 
collection and disbursement of the same, and shall extend 
sufficient taxes upon the tax book of said town to pay said 
bonds, interest and fees ; and thereupon the same shall be 
collected in the manner provided by law for the collection of 
state and county taxes, and shall be paid over to the super- 
visor of said town whenever collected, and shall be by him 
paid to the legal holder of the aforesaid bonds. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Appeoved February 15, 1867. *_ 



134 TOWN INDEBTEDNESS. 



AN ACT to enable the several towns of McLean count}- to raise money for 

war purposes. 

Section 1. Be it enacted hy the FeojM of the State of 

Illinois, represented in \the\ General Assembly , That the 

Taxes."; sGveral towns in said county be authorized to assess a tax of 

not more than two per cent, upon the taxable property of 

the towns respectively, for the purpose of paying bounties 

to volunteers and other military purposes, said tax to be 

levied and collected only for the years 1865 and 1866. 

Collection and § i^- That Said tax be assessed at the annual meetings 

dispoation of. jneachtowu, and be collected as other taxes are, and when 

so collected be paid over to the supervisors of the towns 

respectively, and be disbursed for the purposes aforesaid by 

the boards of town auditors. 

§ 3. That this act shall be a public act, and be in force 
from and after its passage. 

This bill became a law, under section 21, article IV., of the constitution, 
by reason, as given by His Excellency, Governor Oglesby, on other side, 
and was filed in this office on the 21st dav of January a. d., 186*7. 

SHARON TYNDALE, Secretary State. 



In force Feb'y AN ACT to enable the town of Warren, in Jo Daviess county, Illinois, to 
lo, 1S6T. issue bonds for railroad purposes. 

Section 1. Beit enacted by the Peoj^le of the State of 
llUnoiSy represented in the General Assembly, That the 

Amount. towu of Warren in Jo Daviess county, Illinois, be and is 

hereby authorized and empowered to issue bonds in the 
sums of one hundred dollars, live hundred dollars, and one 
thousand dollars each, w^th interest payable annually at the 
rate of ten per cent, to an amount not exceeding fifty thou- 
sand dollars for the purpose of aiding in building a railroad 
between "Warren, Illinois, and Monroe, Wisconsin. 

How issued. § 2. Said bonds shall be issued in the name of the town 

of Warren, and signed by the supervisor of said town,' and. 
certified to by the town clerk under the seal of said town 
provided for that purpose, and when so issued shall be 
deemed and held to be valid in all courts of law within the 
state of Illinois or the United States of America. 

Payment. § 3. Said bouds shall be m.ade payable at any time after 

five years and not exceeding twenty years from date there- 
of. Interest shall be paid in the city of Chicago by the 
supervisor of said town, on the first day of July in each and 
every year. 

Issue of bonds § 4. The legal voters of the town of Warren shall, on 

ed'b ^tot™'°* ^'^^ ^^^^ Tuesday of April next, or at any annual town meet- 
ing for the election of town officers, vote for or against the 



TOWNS. 135 



issuing of said bonds bj tlie town for the purposes aforesaid, 
a majority vote to determine for or against the issuing of 
said bonds. 

§ 5. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved February 25, 1867. 



AN ACT to amend an act entitled "An act to incorporate the town of ju foi-pg Feb'y 
Girard," approved February 14, 1855. 22, 1867. 

Section 1. Be it enacted hy the People of the State 
of Illinois^ represe7ited in the General Assemhly^ That the 
inhabitants and residents of the town of Girard, in the 
county of Macoupin, are hereby constituted and declared a 
body corporate and politic, b}^ the name and style of "The Name and style. 
President and Trustees of the Town of Girard," and bv 
that name shall have perpetual succession, and may have a 
common seal ; have power to sue and be sued, plead and 
be impleaded, in all courts and places where justice is ad- 
ministered, in all actions whatever ; to purchase, receive powers. 
and hold property, both real and personal, in said town ; to 
purchase, receive and hold property, both real and personal, 
beyond the limits of said town, for burial grounds and other 
public purposes ; to sell, lease and convey property, real 
and personal, for the use of said town ; to protect and im- 
prove any such property as the public good may require. 

§ 2. The boundaries of the said town shall be as defined Boundaries, 
by the last ordinances of the board of trustees thereof, and 
the said ordinances are, in that respect, legalized and con- 
firmed ; and whenever any tract of land adjoining said 
town is laid off into town lots and recorded, the same shall 
be attached to and form a part of the same. 

§ 3. The government of said town shall be vested in a Government, 
president and four trustees — the said president and trustees 
to be elected, annually, by the qualified voters of said 
town ; and no person shall be president or trustee, unless, 
at the time of his election, he shall have resided in said 
town for the space of six months, twenty-one years of age, 
and a citizen of the United States ; and upon his removal 
from said town he shall vacate his office. 

§ 4. The board of trustees shall determine the qualifi- ^^Tird^ofTrui^ 
cations of its own members, and all cases of returns and tees, 
elections of their own body. A majority shall constitute a 
quorum, but a smaller number may adjourn from day to 
day, and compel the attendance of absent members, under 
such penalties as may be prescribed by ordinance ; shall 
have power to determine the rules of their own proceed- 



136 TOWNS. 

ings, punish a member for disorderly conduct, and, with the 
concurrence of two-thirds, expel a member. 

Oath of office, g 5, The president and each of the trustees shall, before 
entering upon the duties of his office, take an oath to per- 
form the duties of his office to the best of his knowledge 
and abilities ; and there shall be at least one regular meet- 
ing of said trustees in each month, at such times and places 
as may be prescribed bj ordinance. 

Election ofoffi- § 6. On the first Monday in the month of April, a. d. 

^^'"^* 1S67, and on the first. Monday in April in each year there- 

after, an election shall be held in said town for one presi- 
dent and four trustees, who shall hold their offices for one 
year, and until their successors are elected and qualified ; 
which election shall commence at ten o'clock in the fore- 
noon, and close at four o'clock in the afternoon, of said day ; 
and any two of the present trustees shall be judges of said 
election, who shall appoint their own clerks, receive and 
canvass the votes, declare the result, furnish to each of 
the persons elected a certificate of his election, certify the 
votes for police magistrate, when elected, to the clerk of the 
county court, and lay the poll-books of such election before 
the board at its first meeting. If two or more persons shall 
receive an equal number of votes for any office, the board 
shall proceed to determine the same by lot. All contested 
elections and all subsequent elections shall be determined 
as may be prescribed by ordinance. 

Qualifications of § ^- All free whitc inhabitants of said town shall be 

voterp. entitled to vote for town officers, and who shall have resided 

in said town one month next before any such election, and 
who are qualified to vote for county and state officers. 

Police magi?- § 8. The policc magistrate shall be elected and qualified 

trate.; j^g provided by an act entitled"An act for the better gov- 

ernment of towns and cities, and to amend the charters 
thereof,'' approved February 27, 1854 ; and all the provis- 
ions of said act are hereby declared applicable to the officer 
provided for by this act. 

Taxes. § 9« The president and trustees shall have power and 

authority to levy, assess and collect a tax upon all ^^roperty, 
real, personal and mixed, in said town, which is now or may 
hereafter be subject to taxation for state or county purposes, 
not exceeding one per centum per annum upon the assessed 
v^alue thereof, and may assess and enforce the collection of 
the same by any ordinances not repugnant to the constitu- 
tion of the United States ; or the said president and trustees 
may, if they think proper so to do, by ordinance, adopt the 
annual assessment made of the property in said town by 
the county assessor, and cause the same to be collected by 
the county collector.^ 

Extension and § 10. If the president aad trustees of said town shall 

collection. determine to adopt the assessment made by the authority 
of the state and county, they shall give to the clerk, or 



TOWNS. 137 

other officer whose duty it is, by law, to extend the tax, by 
existing laws, notice of their intention so to do — which no- 
tice shall be a copy of their record — and also the rate of 
taxation ; and upon the receipt of such notice the said tax 
shall be extended and collected, and its collection enforced, 
in the same manner as other revenue. The clerk and col- 
lector shall be allowed the same compensation, for services 
under this act, as are allowed them for similar services under 
the revenue laws of the state: Provided^ that nothing 
contained in this act shall be so construed as to prevent the 
said corporation from providing for the assessment and col- 
lection of such taxes by ordinance. 

§ 11. The said board shall have power to appoint a ^p^J'°[,'"*'°^ °^ 
clerk, town constable and assessor and collector, and such 
other officers as may be judged necessary for carrying into 
effect the powers conferred upon said corporation by this 
act, and require them to give such bonds, with such secu 
rity, and take such oaths, as may be judged necessary to 
insure a faithful performance of their respective duties; 
and shall have power — 

To appropriate money, and provide for the payment of indebtednes«. 
the debts and expenses of the town. 

To make regulations to secure the general health of the ^^enerai he»ith. 
inhabitants of the town. 

To declare what shall be deemed a nuisance, and to pre- 
vent and remove the same. 

To open, abolish, alter, widen, extend, establish, grade impjovements. 
or otherwise improve and keep in repair streets, alleys and 
lanes in said town, and erect, maintain and keep in repair 
bridges. 

To provide for the erection of all needful buildings for 
the use of said town, and to provide for the inclosing, laying 
off, improving and regulating all public grounds, squares 
and burial grounds belonging to the town. 

To license, tax and regulate auctioneers, merchants, re- License 
tailers, grocers, taverns, eating houses, peddlers, brokers 
and money changers, and to license the sale of intoxicating 
drinks: Provided^ hoicevei\ that no such license shall be 
granted for a less sum than three hundred dollars per 
annum, or at that rate for a shorter time, and subject to 
such restrictions as the said board may deem expedient to 
dictate. 

To license, tax and reojulate theatricals and other exhibi- Exhibitions, et« 
tions, shows and amusements. 

To restrain, prohibit and suppress tippling houses, dram Gambling, ttc. 
shops, gaming houses, bawdy houses and other disorderly 
houses, and to suppress all riots, affrays, assaults, assaults 
and batteries, drunkenness, quarreling, open and notorious 
lewdness, or other public indecency. 

To provide for the prevention and extinguishment of Fires, 
tires, and to organize and establish fire companies. 
Yol. Ill— 18 



13B 



TOWXS. 



Welsrhts. eto. 



Elections. 



Officers' fees. 



Fines, etc. 



Encumbrances. 



Trees— horses. 



Animsilsatlarcce 



Combustibles. 



Ordinances. 



Proof of. 



To regula'e patition fences, and to provide for the in- 
spection ana v.olghing of hay and stone coal, and for the 
measurement of wood and fuel to be used in said town. 

To regulate the election of town officers, define their du- 
ties, and provide for the removal of any person holding an 
office under the ordinances. 

To fix the fees and compensation of all town officers, ju- 
rors, witnesses, and others, for services rendered under this 
act or any ordinance. 

To impose tines, penalties and forfeitures for breach of 
any ordinance, and to provide for the recovery and appro- 
priation of such fines and forfeitures and the enforcement 
of such penalties. 

To prevent the encumbering of the streets, squares, lanes 
and alleys of said town. 

To protect shade trees. 

To compel persons to fasten horses, mules and other ani- 
mals, attached to vehicles, while standing upon any square, 
street, lane, alley or enclosed lot. 

To prevent the running at large of horses, cattle, hogs, 
sheep or animals, and provide for distraining and impound- 
ing the same, and to provide for the sale of the same for 
any penalty incurred; and to impose penalties upon the 
owners of any such animals for the violation of any ordi- 
nance in relation thereto. 

To prevent the running at large of dogs, and to provide 
for the destruction of the same, when running at large con- 
trary to ordinance. 

To prevent the firing of squibs, rockets, guns, and other 
combustibles or fire arms, within the limits of said town. 

And no prosecution or conviction for any oflfense, under 
the laws of this state, shall be a bar to prosecutions for fines, 
penalties or forfeitures for the breach of any ordinance of 
said town. 

§ 12. The president and board of trustees shall have 
power to make all ordinances which shall be necessary and 
proper for carrying into execution the powers specified in 
this act, so that such ordinances shall not be repugnant to 
the constitution of this state or that of the United States. 
The style of the ordinances of the town shall be, "^^ it or- 
dained by the President and Trustees of the Town of Girardf 
and all ordinances shall be published within one month after 
they are passed, either in some newspaper or by posting 
copies of the same in four public places in said town ; and 
the certificate of the publishers of such paper or of the clerk 
of the board, under the seal of the corporation, shall be 
prima facie (^.y\(\qt\gq; of such publication. No ordinance 
shall take eftect until published as aforesaid. 

§ 13. All ordinances may be proven by the seal of the 
town, and when printed or published in book or pamphlet 



TOWNS. 139 

form, and purporting to be printed or published by authority 
of the corporation, the same shall be received as evidence 
in all courts and places without further proof. 

§ 14. The president of the board shall preside at all President, 
meetings of the board, when present, and, in case of his 
absence at any meeting, the board may elect a temporary 
chairman. He shall at all times be vigilant in enforcing 
the laws and ordinances for the o-overnment of the town. 
He shall inspect the conduct of all subordinates, and cause 
negligence and willful violation of duty to be punished. 
He shall have power and authority to call on all male in- 
habitants of said town, over the age of eighteen years, to 
aid in enforcing the laws and ordinances, and in case of a riot 
to call out the militia to aid in suppressing the same, ur in 
carrying into effect any law or ordinance; and any person 
who shall fail or refuse to obey such call shall forfeit and 
pay to said corporation the sum of five dollars. 

I 15. The president and trustees shall have power, by Special taxes, 
ordinance, to levy, aosess and collect a special tax on the 
holders and owners of lots upon any street, square, lane or 
alley, or upon any part of any street, square, lane or alley, 
according to their respective fronts owned by them, for the 
purpose of grading, planking or paving such square, street, 
lane or alley — to be collected as other taxes are collected by 
the provisions of the ninth and tenth sections of this act, or 
as provided by ordinance. 

§ 16. The president and trustees, for the purpose of street labor, 
keeping the streets, alleys, lanes, avenues and highways in 
repair, may require every male inhabitant of said town, 
over the age of twenty-one years, to labor on said streets, 
lanes, alloys, avenues and highways three days in each 
year ; and every person failing or refusing to perform such 
road labor, after being notified as may be provided by ordi- 
nance, shall forfeit and pay any sum, not exceeding two 
dollars per day, for each day so neglected and refused. 

§ L7. The president and board of trustees shall have offenders, 
power to provide for the punishment of the offenders against 
any ordinance, in the county jail or in any secure place of 
confinement in said town that may be provided by the said 
president and board of trustees, in all cases where such ofi'en- 
ders shall fail or refuse to pay the fines and forfeitures which 
may be recovered against them. 

§ 18. The inhabitants of said town shall be exempt from ^o|™5^1°°^^'°°^ 
the performance of road labor and the payment of road tax 
levied by authority of the county court ; and the entire ju- 
risdiction and control of the roads, highways and bridges in 
said town shall be held and exercised by the president and 
trustees as aforesaid. 

§ 19. All writs for the recovery of penalties for the writs for recov- 
breach of any ordinance of said town shall be in the form ^^^' 
of an action of debt, before the police magistrate, or, in case 



140 TOWNS. - 

of his absence or inability to act, before some justice of the 
peace of said town ; and changes of venue and appeals shall 
be allowed in cases commenced before the said police magis- 
trate as in other cases before other justices of the peace : 
Frovided^ the said corporation shall be allowed to appeal, 
in any case in which they are parties, by causing their clerk 
to execute a bond, in the name of said corporation, in the 
form now prescribed by law in other cases, without other 
security ; and an order entered upon the records of said 
corporation, directing said appeal, shall be sufficient evi- 
dence of the authority of said security to sign said bond. 

Constable. § ^0. The town constable shall be appointed by the 

president and board of trustees, and he shall have power 
and authority to execute all process issued for the breach 
of an}' ordinance of said town ; and for that purpose his 
power and authority shall extend over the county of Ma- 
coupin, and shall have the same power, jurisdiction and 
authority, within the limits of said town, as other consta- 
bles under the laws of this state, and shall give bond and 
qualify as the said board shall, by an ordinance, prescribe. 

Suits for fines § 21. All suits for tincs and penalties, in and for the 

and penalties, violation of any ordinance, shall be in the name of the town 
of Girard, and the said corporation shall have power to re- 
gulate, by ordinance, the form and nature of all process and 
the mode of executing the same. 

siirreyor. § 22. The president and board of trustees shall have 

power, at any regular meeting of the board, to employ 
a competent surveyor, and resurvey the town of Girard, 
and as many additions thereto as the public interest may 
seem to require, and shall cause substantial corner-stones 
to be planted at one corner of each block in said town and 
additions ; but said surveyor shall not have power to alter 
size of lots or blocks or alter width of streets and alleys ; 
and said surveyor shall make a plat of his survey, and cause 
the same to be recorded in the circuit clerk's office ; and the 
president and board of trustees shall lay a tax upon the lots 
in said town and additions for defraying the expenses of 
said survey and record. 

Conflicting acts § 23. So mucli of the act to which this is an amendment 
• repealed. g^g j^ anywisc couflicts with or is inconsistent with this act 
is hereby repealed. 

§ 24, This is declared to be a public act, to take effect 
from and after its passage. 
Approvkd February 22, 1867. 






TOWNS. 141 



AN ACT to provide for the payment of town orders in the town of Niles. In force Feb'y 

12, 1867. 

Whereas, the people of the town of Niles, in the county Pi-eambie. 
of Cook, have contributed money to defra}^ expenses for the 
raising of volunteers and substitutes in the late war ; and, 
whereas, at the time when these contributions were made, 
the authorities of said town of IS'iles promised that the sev- 
eral amounts, so contributed, should be refunded ; and, 
whereas, the authorities of said town have issued town 
orders for such claims against the town, which town orders 
are still in the hands of citizens of said town, and others, 
unpaid ; therefore, 

Section 1. Be it enacted by the Feoi?le of the State of 
Illinois ^Tejpresented in the General Assembly^ That a special Special election, 
election shall be called in said town by the supervisors 
thereof; notice of such election being posted in at least live 
of the most prominent places of said town, ten days prior 
to said election, to vote for or against a bounty tax. 

§ 2. That if a majority of voters, at said election, shall Roi^^^y tax. 
vote ''for bounty tax," a tax shall be levied on all the taxa- 
ble property of said town in the same manner as now pro- 
vided by law, sufficient to pay all the town orders issued 
for money contributed for the purpose of raising volunteers 
and substitutes : Provided^ that no more than three (3) per Proviso. 
cent, shall be levied in any one year. 

§ 3. That if the majority of voters at said election shall Duties of coua- 
vote "for bounty tax," the county clerk of Cook county *^ ^ ®^ • 
shall, after having been duly notified of such election, 
extend the tax in all the taxable property of said town of 
Niles, in the collector's book of said town, for the taxes of 
1866, in a column headed "bounty tax," and the collector 
of said town shall proceed to collect the said tax in the 
same manner as all other taxes are collected : Provided^ 
that the time to return the collector's book to the county 
treasurer shall be extended to the first day of April, a. d. 
1867. 

§ 4. The board of town auditors shall, after such tax is Town orders- 
collected, give notice that they are prepared to pay town p^^"""®- 
orders issued for moneys contributed as above stated, and 
shall proceed to examine all such orders and all the books 
in which said orders are registered, and only direct the pay- 
ment of such orders as they deem correct and properly 
issued. 

§ 5. That if the tax of three per cent, is not suffi- Further tax. 
cient to pay all the orders standing out against said town, 
a further tax of three per cent, or less shall be levied every 
year until all such orders are paid. 

§ 6. This act to take effect from and after its passage. 

Approved February 12, 1867. 



142 TOWNS. 



In force May AN ACT to amend an act entitled "An act to incorporate the town of 

'•^^^'- Marseilles." 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Asseinhly. That the 
Act amended, said act be and the same is hereby so amended as to confer 
upon said trustees ot* said town the right to determine 
whether or not the}' will grant licenses for the sale of intox- 
icating liquors. 

Bv-iaws for irn- § ^- '^^^^ ^aid trustccs shall have power to make all 
proving streets ueccssarj bj-laws for the construction, laying out and ex- 
tending and widening of all streets, in addition to the pow- 
ers over streets and sidewalks already possessed. 
Borrow monev. § ^' ^hc Said trustccs shall also have power to borrow 
any sum of money not exceeding the sum of two thousand 
dollars for the purpose of improving the streets or side- 
walks of said town ; and for such purposes may issue bonds 
of said town in sums of one hundred or live hundred dol- 
lars each, payable any time within ten years, at an interest 
not exceeding ten per cent. 
Additions to the § ^- If ^uy pcrsou shall hereafter proceed to lay out 
town. 2iViA perfect any addition to said town, then and in such 

case such addition or additions shall be considered as part 
of such town, and be subject to all its rules and regulations 
made by virtue of this charter, and shall have the same 
powers over the streets and alleys of said town, as are or 
may hereafter be conferred upon the city of Ottawa by 
legislative enactment. 

Approved March 7, 1867. 



In force March AX ACT to incorporate the town of Dement. 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
inhabitants and residents of the town of Dement, in the 
county of Ogle, and state of Illinois, be and they are here- 
by constituted and declared a body politic and corporate. 

Name and style, by the name and style of "The Town of Dement," and by 
that name shall have perpetual succession, and may have 
and use a common seal, which they may change or alter at 
pleasure. 

Powers. § 2. The inhabitants of said towm, by the name and 

style aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, to defend and be defended, in all 
courts of law and equity, and in all actions whatsoever; to 
purchase, receive and hold property, real and personal. 



TOWNS. 



143 



^vithin or beyond the limits of said town, for burial grounds 
and other public purposes ; to sell, lease and convey prop- 
erty, both real and personal, for the use of said town ; and 
to protect and improve such property as the public good 
may require. 

§ 3. The boundary of said corporation shall include the Boundaries, 
original town plat of the town of Dement, as recorded in the 
recorder's office of the county of Ogle ; and such additions 
as with the original town plat shall embrace all the territory 
within the limits of the northeast quarter of section twenty- 
three, the east half of the northwest quarter of section twenty- 
three, the northeast quarter of the southwest quarter of 
section twenty-three, the north half of the southeast quarter 
of section twenty-three, the west half of the northwest 
quarter of section twenty-four, and the northwest quarter 
of the southwest quarter of section twenty-four, all lying in 
township forty, range two east of the third principal meri- 
dian, and in the county of 'Ogle; and whenever any tract Addition*. 
of land, adjoining said town, or within one mile of the 
same, is laid off into town lots and recorded, the same may 
be attached to and form part of the same, by an ordinance 
of the president and trustees to that effect. 

§ 4. On the second Monday in March, annually, an Ei|j^ion of offi. 
election shall be held for five trustees, who shall hold their 
offices for one year and until their successors are elected and 
qualified. The board of trustees, whose term of office is 
about to expire, shall always give notice of such elections, 
by having written or printed notices thereof posted up in 
four public places in said town, at least one week previous 
to said election ; and one of the members of said board, 
together with the clerk of the corporation,* shall hold the 
said election and give certificates of election to five persons 
receiving the greatest number of votes ; and whenever there Tie vote. 
shall be a tie in such election, they shall certify the same to 
said board, who shall determine the same by lot, in such 
manner as shall be provided by ordinance : Provided^ that Proviso. 
the first election for trustees of said town may be held at 
any time within three months after the passage of this act ; 
and any five legal voters can post notices to call said first 
election for trustees, and the electors shall be empowered 
to select one clerk and two judges of said election, who 
shall give certificates of election the same as provided for 
in this section for future elections. 

§ 5. Every trustee of said town shall, at the time of his Qualified tms- 
election, be at least twenty-one years of age, a citizen of the 
United States, and shall have resided at least one year 
within the limits of the corporation. Any bona fide resi- 
dent of said town possessing the requisite qualifications to 
vote for state officers shall be entitled to vote for trustees. 

§ 6. The trustees, before entering upon the duties of oath of office. 
their office, shall severally take and subscribe an oath that 



iU 



Quorum. 



Vacation of of- 
fice. 

Vacancies. 



Taxes, etc. 



Statement of 
amount of. 



Special taxes. 



Amount and 
purose of, 
specified. 

Proviso. 



Street labor. 



they will support the constitution of the United States and 
of this state, and that they will well and truly perform the 
duties of their office to the best of their skill and abilities. 

§ 7. A majority of said trustees shall constitute a quo- 
rum to do business. The said trustees shall elect one of 
their own body to be president of the board, who shall hold 
his office for one year or until his successor shall be elected 
and qualified. The president of the board shall be the chief 
executive officer of the corporation, and shall be vested 
with such powers and authority as may be conferred on him 
by ordinance. 

§ 8. If any trustee shall, during the time for which he 
shall have been elected, remove from the said town his 
office shall be vacated. The board of trustees shall have 
power to fill vacancies in their own body occasioned by the 
death, resignation or removal from town of any member. 

§ 9. The board of trustees shall have power and author- 
ity to assess and collect taxes, uniform in respect to persons 
and property, for corporate purposes, upon all personal and 
real estate within said town, to not exceed one-half per cent, 
per annum upon the assessed value thereof, as ascertained 
and returned by the assessor of the corporation, and may 
enforce the payment of the same by filing with the clerk of 
the county court a statement of the amount of such taxes, 
and the said clerk shall include the same on the next gen- 
eral tax warrant issued by him for the collection of state 
and county taxes, and like proceedings shall be had for the 
collection of the same, as now provided by law for the col- 
lection of state and county taxes. Said trustees shall have 
power to make and keep in repair pavements or sidewalks 
in said town ; and if at any time it is thought necessary to 
raise a tax of more than one half per cent, per annum for 
any special purpose or purposes, otherwise than for build- 
ing and keeping in repair sidewalks, the trustees may call 
for a vote of the electors of said town, and if a majority of 
the legal voters at such election shall so decide, the trustees 
can levy and collect a tax in the same manner as is already 
in this section provided ; the amount of which tax, together 
with the purpose or purposes for which it shall be used, 
shall have been specified in the call for and in a majority of 
the votes cast at such election : Frovided^ that lots of 
five or more acres, without buildings and used only for agri- 
cultural purposes, shall be exempt from taxation for build- 
ing and keeping in repair sidewalks, and from taxation for 
special purposes, voted tor by the electors, but not from taxa- 
tion for other corporate purposes. 

% 10. The said board shall have power to require every 
male resident of said town, over the age of twenty-one 
years and under the age of fifty years, to labor, under the 
direction of the street commissioners, on the streets, lanes 
and avenues and alleys of said town, and upon the public 



\ 



TOWNS. 145 

roads passing from and through said town within the limits 
of said corporation, not exceeding three days in each and 
every year ; and any person faiHng to perform such labor, 
when duly notified by the supervisor shall forfeit and pay 
the sum of one dollar and fifty cents for each day in which 
he has neo^lected or refused'to work. The inhabitants of 
the town of Dement are hereby exempted from w(>rking on 
any road beyond the limits of the town, and from paying 
any poll tax, or money for poll tax to procure laborers to 
work on the same. 

§ 11. The said board shall likewise have power to License, 
license, tax and regulate auctioneers, groceries, ordinaries, 
and all places where spirituous or fermented liquors 
are sold, and the venders of the same, hawkers, peddlers, 
brokers, pawn-brokers and money changers; also, to license, 
tax and res'uiate theatrical and otlier -oublic exhibitions, 
shows and amusements. 

§ 12. They shall have power to erect a town hall and Townhaii. 
other buildings for the use of said town, to provide pumps, 
wells and cisterns in the streets and upon the public grounds 
for the convenience of the inhabitants or for use in case of 
fires; to open, establish, grade, pave or otherwise improve improve streets, 
and keep in repair and free from encumbrances or obstruc- 
tions, the streets, avenues, lanes and alleys of said town ; 
to make, erect and keep in repair bridges, drains and sewers; 
to provide for lighting the streets aiid erecting lamp posts ; 
to- erect market houses, establish markets, and provide for 
the government and regulation of the same, and to provide 
for the weighing of hay and stone coal, and other fuel to 
be sold or used within the said town. 

§ 13. They shall have power to provide for the proven- Fires, etc 
tion and extinguishment of fires, and to organize and estab- 
lish fire companies ; to regulate the fixing of chimneys and 
the flues thereof, and the manner of using stoves and stove 
pipes in dwelling houses, stores, offices, warehouses and 
other buildings in said town ; to regulate and order parapet 
walls and partition fences, and to regulate the storage of 
gunpowder and other combustible materials. 

§ 14. They shall also have power to provide for ihclo- Public grounds, 
sing, improving and regulating all public grounds within 
the said town, and the burial and other public grounds of 
the corporation beyond the said town, and for the punish- 
ment ot injuries or damage done to trees, fences, buildings, 
monuments or other improvements therein. 

§ 15. They shall further have power to make reulations Diseases, nospi- 
to prevent the introduction of contagious diseases into the *^'^''' 
said town, to make quarantine laws for that purpose, and 
enforce the same within three miles of the said town ; also, 
to establish a hospital or hospitals in said town, or within 
three miles of the same, for the treatment of any epidemic 
or contagious diseases, and to make regulations for the gov- 

Yol. Ill— 19 ^ 



146 TOWKS. 

ernment of the same; also, to make regulations to secure 
the general health of the inhabitants, to declare what shall 
be a nuisance within the limits, and to prevent and remove 
the same. 
Riding and dri- § 16. They shall also have power to regulate the speed 
^°^' with which horses or other animals may be rode or driven 

within the limits of the corporation, and to restrain and 
punish cruelty in the usage or treatment of animals within 
Animals at large those limits ; also, to restrain cattle, horses, mules, sheep, 
swine and dogs from running at large in said town, and to 
provide for the security of wagons and other carriages which 
may be used within the limits of the corporation, and for 
the protection of the inhabitants against injury by reason 
of horses or other animals fastened to such carriages, run- 
ning with or breaking from the same. 
Riots, aflFrays, § IT. They shall likewise have power to prevent and 
obscenities, etc p^^^lsh riots, routs, affrays, assaults, assaults and batteries, 
breaches of the peace, disturbances of worshiping assem- 
blies or of the deliberations or proceedings of public meet- 
ings, disorderly interruptions of any public lecturers or 
licensed exhibitions, all indecent or obscene exhibitions or 
practices, and other disorderly conduct within the limits of 
Proviso. the corporation : Provided^ that no person shall be deprived 

of the right of trial by jury in any case where such person 
would be entitled to such trial for like offenses against the 
laws of the state. 
Battles, cock- § l^- They shall also have power to prevent and punfsli 
fighting, etc. battlcs by agreement, fighting matches, horse racing and 
cock fighting within the limits of the corporation and wiUiin 
two miles of the same. 
Billiards— disor- § 19. They shall also have power to restrain, prohibit 
deriyhousts. ^^g suppi'css billiard tables, ball alleys, tippling houses, 
dram shops, gaming houses, bawdy and other disorderly 
houses in said town and within two miles of the limits of 
the corporation. 
Police, ordinan- § 20. They shall also have power to regulate the police of 
cee, fines, etc. g^j^ town,.to make all ordinances which shall be necessary 
and proper for carrying into execution the powers specified 
in this act, so that such ordinances be not repugnant to nor 
inconsistent with the constitution of the United States or 
of this state; to impose fines, forfeitures and penalties for 
the breach of any ordinance, and provide for the recovery 
and appropriation of such fines and forfeitures and the en- 
forcement of such penalties. The style of the ordinances 
of said board shall be, "Be it ordained by the President 
and Trustees of the Town of Dement." 
Subordinate § 21. They shall further be vested with full power to 

officers. create such subordinate oftices, and appoint and remo'-^e, at 

pleasure, the ofiicers, as they shall determine to be neces- 
sary to the accomplishment of the objects and ends of th 
Compensation, act of incorporation, and to provide for the fees and com 



3- 



TOWNS. 147 

pensation, and to regulate their duties; and when any va- vacancy, 
cancy shall happen by the death, removal or resignation of 
any of the officers so created and appointed as aforesaid, it 
may be tilled by appointment of the said board. 

§* 22. The town constable shall be authorized to execute, constable. 
anywhere within the limits of Ogle county, all writs, pro- 
cess and precepts which may be issued against persons or 
property by any court of general or limited jurisdiction, by 
virtue of any of the powers specified in this act, and to ar- 
rest on view all persons who may violate any ordinance of 
the said corporation. 

§ 23. Fines, forfeitures and penalties which may be Recovery or 
assessed or recovered for the use of said corporation, may ^^^^' ®^*^- 
be levied, in the first instance, by virtue of executions, to 
be issued forthwith, of the goods and chattels of the offen- 
der within the county. And the said board shall have 
power, also, to provide for the punishment of offenders by 
imprisonment in tiie county jail in all cases where such 
offenders shall fail or refuse to pay the fines, forfeitures and 
penalties which may be recovered against them. 

§ 24. The said board shall cause to be published, annu- Annual state- 
ally, a full and complete statement of all moneys received "^®^*^^' 
and expended by the corporation during the preceding year, 
and on what account received and expended. 

§ 25. All ordinances passed by the said board shall be Publication of 

Vtii> • I. t ' ' t J 1 ordinanceg. 

published in some newspaper printed in said town, or by 
posting up four written copies thereof in four public places 
within the limits of said corporation, and shall not be in 
fcrco until they have been published as aforesaid. Any of 
said ordinances shall be sufficiently proved in an}^ court by 
the r^roduction of the book containing said ordinances; or a 
copy of the same, certified by the clerk of the corporation ; 
or a printed copy of the same, taken'from the newspaper 
or pamphlet in which it has been published : Provided^ the 
same purports to have been published by authority of the 
corporation. 

§ i^6. In cases arising under this act, or growing out of Justice's juris- 
the by-laws and ordinances made in pursuance of this act, ^^®^^°°' 
any justice of the peace within said corporation shall have 
jurisdiction to hear and determine the same ; and appeals Appeals. 
may be taken and writs o^ certiorari allowed from any such 
decisions, and change of venue taken from one justice to Changeofveuue 
another within the said corporation, in the same manner as 
now is or may hereafter be provided by law for appealing 
from judgments of justices of the peace and for change of 
venue. 

§ 27. It shall not be in the power of said board of trus- Extension of 
tees to open or extend any new streets and alleys of said 
town through private property, unless with the consent of 
the owners thereof. 



148 



Confiieting act? 
reppaled. 



TOWNS. 

§ 28. All acts 01* parts of acts coming within the provi- 
sions of this act, contrary to or inconsistent with its pro- 
visions, are hereby repealed. 

§ 29. This act is hereby declared to be a public act, to 
be received and used in all courts without proving or plead- 
ing the same, and shalltake effect from and after its pas- 
sage. 

AiTRovED March 7, 1867. 



Jn force March 
7, 1867. 



AN ACT to incorporate the town of Saybrook 



Section 1. Be it enacted hy the Feojple of the State of 
Illinois^ reiyresented in the General Assembly^ That the 
inhabitants and residents of the town of Saybrook, in, the 
county of McLean, are hereby constituted and declared a 

Name and style, body coi'poratc and politic, by the name and style of "The 
President and Council of the Town of Saybrook," and by 

Powers. that name shall have perpetual succession, and may have 

and use a common seal ; have power to sue and be sued, 
plead and be impleaded, in all courts and places where jus- 
tice is administered, in all actions whatever; to purchase, 
receive and hold property, both real and personal, in said 
town ; to purchase, receive and hold property, both real 
and personal, beyond the limits of said town, for burial 
grounds and other public purposes ; to sell, lease and con- 
vey property for the use of said town ; to protect and im- 
prove any such pioperty as the public good may require. 

Boundaries. § 2. All that district of couutry inclosed within the fol- 

lowing boundaries, to-wit : the south half ol section twenty- 
one, (21,) and the north-east quarter and the north-east 
quarter of the north-west quarter, and the north half of the 
north-west quarter of the north-west quarter of section 
twenty-eight, (28,) town twenty-three (23) north, range six 
east of the third principal meridian. 

,^ o. The government of said town shall be vested in a 
president; four (4) councilmen shall be elected annually 
by the qualified voters of said town ; and no person shall be 
councibhan, unless, at the time of his election, he shall have 
resided in said town for the space of six months, be twenty- 
one years of age, be a freeholder within the corporation, 
and a citizen of the United States; and upon his removal 
%)m said town he shall vacate his oltice. 

§ 4. The board of councilmen shall determine the quali- 
lications of its own members, and all cases of returns and 
elections of their own body. A majority shall constitute a 
quorum, but a smaller number may adjourn from day to 

rowers o<. day, and compel the attendance of absent members, under 



Councilmen — 1 
election and 
dutie? of. 



esi- 
conncil 



TOWNS. 14y 

such penalties as may be prescribed by ordinance; shall 
have power to determine the rules of their own proceed- 
ings, puuish a member for disorderly conduct, and, with 
the concurrence of two-thirds, expel a member. 

§ 5. The president and each of the councilmen shall, oathoioffice. 
before entering upon their dnties, take an oath to perform 
the duties of his office to the best of his knowledge and 
abilities; and there shall be at least one regular meeting of 
said council in each month, at such times and places as may 
be prescribed by ordinance. 

g G. The boundaries of said town, as herein delined, Election district 
shall constitute a district for the election of the president 
and one town constable, who shall be elected by the quali- 
hed voters of said town, and at the same tim.e and place at 
which the conncilmen are elected; and the said president Duties of pr 
shall preside over the board of councilmen, shall have the "^^^^^^ 
right to give the casting vote in case of a tie, and shall pos- 
sess the same qualifications as are required of a councilman 
by the third section of this act. The president and consta- 
ble shall be elected for the term of two years, and if they 
remove from said town their offices shall be vacated. 

§ 7. If two or more persons shall receive an equal '^'ie^ote. 
number of votes for the office of president or constable, 
the board shall proceed to determine the same by lot; and 
all contested elections shall be determined as prescribed by 
ordinance. 

§ 8. On the iirst Monday in the month of May, a. d. Eieedons. 
1867, and on the first Monday of May in each year there- 
after, an election shall be held in said town for one presi- 
dent and one town constable, for the term of two years, 
and four councilmen, as aforesaid, who shall hold their 
offices for one year, and until their successors are elected 
and qualified; which first election shall commence at ten 
(10) o'clock in the forenoon, and close at four (4) o'clock in 
the afternoon, of said day ; and any two of the present 
trustees shall be judges of said election, who shall appoint 
their own clerks, receive and canvass votes, declare the 
result, furnish to each uerson elected a certificate of his 
election, certify the votes for president to the county clerk 
of McLean county, and lay the poll -books of such election 
before the board at its first meeting. All subsequent elec- 
tions shall be held and conducted, and returns made, as 
m.ay be prescribed by ordinance. 

§ 9. All male inhabitants of said town shall be entitled Qualifications of 
to vote for town officers, who are qualified to vote for state ''°^^^^" 
officers, and who shall have resided in said tow^i six months 
next before any such election. 

§ 10. The president and council shall have j/ower and Levying taxes, 
authority to levy and collect a tax upon all property, real, 
personal and mixed, in said town, which is now or may 
hereafter be subject to taxation for state or county purposes, 



150 TOWNS. 

not exceeding one-half per centum per annum upon the 
assessed value thereof, and may assess and enforce the col- 
lection of the same b}' any ordinance not repugnant to the 
constitution of the United States, or of this state ; or the 
said council may, if they think proper so to do, by ordi- 
nance, adopt the aimual assessment made of the property 
of said town by the county or town assessor, and cause the 
same to be collected by the township collector. 

On the adoption § H- If the president and council of said town shall 
menV'^ "^^^^^" determine to adopt the assessment made by the authority 
of the state and county, they shall give to the clerk or other 
officer whose duty it is, by law, to extend the tax by exist- 
ing laws, notice of their intention so to do — which notice 
shall be a copy of their records — and also the rate of taxa- 
tion ; and upon the receipt of such notice, the said tax shall 
be extended and collected, and its collection enforced, in 

Compensation, the samo manner as other revenue. The clerk and collector 
shall be allowed the same compensation for services under 
this act as are allowed them for similar services under the 

Proviso. revenue laws of the state : Provided^ that nothing con- 

tained in this act sliall be so construed as to prevent the 
said corporation from providing, by ordinance, for the 
assessment and collection of such taxes, and all other tax, 
charges or assessment authorized by this act. 

Appointment of § 12. The Said board shall have power to appoint an 

officers. attorney, clerk, towm treasurer, and assessor and collector, 

and such other officers as may be judged necessary for car- 
rying into effect the powders conferred upon said corporation 
by this act, and to require them to give such bonds with such 
securities and take such oaths as may be judged necessary to 
insure the faithful performance of their duties, and shall 

Appropriation. ■ have power to appropriate money and provide fur the pay- 
ment of the debts and expenses of the town ; to make regu- 
lations to secure the general health of the inhabitants of the 

Nuisances. town ; to dcclarc what shall be deemed a nuisance, and to 
prevent and remove the same; to open, abolish, alter, widen, 

improTement. cxtcud, establish grade, or otherwise improve, and keep in 
repair streets, alleys and lanes in said town, and erect and 
maintain and keep in repair bridges ; to build and maintain 
within said corporation a jail or place of imprisonment, and 

Penalties. to coutlne therein all sucli persons as are by the provisions 

of this act liable to imprisonment for offenses against the 
ordinances of said town; to regulate, by ordinance, to 

Liquorp. liccnsc or prohibit the importation, manufacture or sale with- 

in said corporation, and of storing and keeping for sale, any 
in stores, shops, orother buildings or places of doing business, 
within the same, vinous, spirituous, malt, or mixed liquors, 
including ale and beer, in any quality: F'iovided^ that 

Licenses. ^^i^ president and council may grant permits for the sale of 

spirituous, vinous, malt, or mixed liquors, including ale, for 



TOWNS, l5l 

medical, mechanical or sacramental purposes, under such 
regulations and rules as they may prescribe by ordinance; 
to provide for the erection of all needful buildings for the Buildings, 
use of the town, and to provide for the inclosing, laying 
off, improving and regulating all public grounds, squares 
and burial grounds, belonging to the town ; to have power 
to fill any vacancy in the board of councilmen, occasioned 
by death, resignation, continued absence from town for 
three months, or otherwise ; to fill any vacancy in the office vacancy, 
of president, occasioned by death, resignation, removal 
from office, or continued absence from town for three 
months, or otherwise ; said office shall be filled by an elec- 
tion, to be ordered by the board ot councilmen ; to regulate 
and prohibit any indecent exposure of person ; to prohibit 
the abuse of animals ; to prevent, suppress and prohibit Miscellaneous 
any riot, affray, disturbance of the peace, or any disorderly ucen?es.°etc. 
conduct in public buildings, churches, or other buildings, 
and places, disorderly assemblages, assaults, assaults and 
batteries ; to restrain and prohibit all descriptions of gam- 
bling and fraudulent abuses, and to suppress and prohibit 
billiard tables, ball alleys, and all other gambling establish- 
ments ; and all lotteries, and sale of lottery tickets within 
the limits of the corporation ; to prevent and to suppress 
the trafficking and selling and giving away intoxicating 
liquors, whether spirituous, malt, fermented or otherwise, 
within one mile from the boundary of the corporate limits; 
to license, tax and regulate auctioneers, merchants, retail- 
ers, grocers, taverns, eating houses, butchers, meat shops, 
peddlers, brokers and money changers, teamsters, and all 
other trades and callings, exercised within the limits of the 
incorporation ; to forbid and punish the selling or giving 
away any intoxicating or malt liquors to any minor, appren- 
tice or servant, without the consent of the parent, guar- 
dian, master or mistress ; to license, tax, and regulate thea- Exhibitions, dis- 
trical and other exhibitions, shows and amusements ; to finest weSil,' 
restrain, prohibit and suppress gambling houses, bawdy measures, etc. 
houses, and other disorderly houses ; to provide for the pre- 
vention and extinguishment of fires, and to organize and' es- 
tablish fire companies ; to regulate partition fences, and pro- 
vide for the inspection and weighing of stone coal and hay, 
and for the measurement of wood and fuel to be used in 
said town ; to regulate the election of town officers, define Elections -een- 
their duties, and provide for the removal of any person tufiToTjSfo?!^ 
holding office under the ordinances; to provide for the penaiues, etc. 
taking of the enumeration of the inhabitants of said town ; 
to fix the fees and compensation of all town officers, jurors, 
witnesses, and others, for services rendered under this act 
or any ordinance; to impose fines, penalties and forfeitures 
for the breach of any ordinance; and to provide for the 
recovery and appropriation of such fines and forfeitures, 
and the enforcement of such pe alties ; to prevent the en- 



152 



1?0WNS» 



Fire-arms. 



New ordinance?; 



cambering of the streets, squares, lanes and alleys of said 
town ; to protect shade trees ; to compel persons to fasten 
horses, mules and other animals attached to vehicles while 
standing upon the square, street, lane, alley or uninclosed 
Animals at large lots ; to prevcut the ruuning at large of horses, cattle, hogs, 
sheep and animals, and provide for distraining and im- 
pounding the same, and to provide for the sale of the same 
for any penalty incurred, and lo impose penalties upon the 
owners of any such animals for the violation of any ordin- 
ance in relation thereto ; to prevent the ruuning at large of 
dogs, and to provide for the destruction of the same when 
running at large contrary to ordinance ; to prevent the 
tiring of squibs, lire crackers, rockets, guns, or other com- 
bustibles or fire arms, within the limits of said town. 

§ 13. The president and board of councihiien shall have 
power to make all ordinances which shall be necessary and 
proper for carrying into execution the powers specified in 
this act, so that such ordinances shall not be repugnant to 
the constitution of the state and of the United States. The 
style of the ordinances of the town shall be "Be it ordained by 
the president and council of the town of Saybrook ;" and 
all ordinances shall, within one month after they are passed, 
be published in a newspaper published in said town, or by 
posting copies of the same in three public places in said 
town, and the certificate of the publisher of such newspaper 
or of the clerk of the board, under the seal of the corpo- 
ration, shall h(i jyrhna facie evidence of such publication. 
No ordinance shall take effect until published as aforesaid. 

§ 14. All ordinances may be proven by the seal of the 
town, and when printed or published in book or pamphlet 
form, and purporting to be printed or published by au- 
thority of the corporation, the same shall be received in 
evidence in all courts and places without further proof. 

§ 15. The president of the board shall preside at all 
meetings of the board, when present, and, in case of his ab- 
sence at any meeting of the board, may elect a temporarj' 
chairman. He shall at all times be vigilant in enforcing 
the laws and ordinances for the government of the town. 
He shall inspect the conduct of all subordinates, and cause 
negligence and willful violation of duty to be punished. 
He sliall have the power and authority to call on all male 
inhabitants of said town, over the age of eighteen years, to 
aid in enforcing the laws and ordinances, and in case of a 
riot to call out the militia to aid in suppressing the same, 
and in carrying into effect any law or ordinance. 

§ 16. At the first regular election for trustees, in said 
town, there shall be elected one police magistrate, who shall 
be commissioned by the ^^juvernor, and hold liis office four 
years and until his successor shall be elected and qualified. 
Said police magistrate shall have and exercise all the pow- 
ers, within said town, of a justice of the peace, and shall 



Proof of ordi 
nances. 



Meetings 
board. 



of 



Police 
trate. 



magis- 



TOWNS. 153 

have jurisdiction over all cases brought for the violation of 
any ordinance of said town ; and all suits for the violation 
of said ordinances shall be brouo^ht before and may be tried 
by either said police magistrate or any justice of the peace 
in said town, and appeals or writs of certiorari maybe pros- Appeals, 
ecuted from judgment in any such cases, for a breach of 
said ordinances, in the same manner as appeals and writs 
oi certiorari are now prosecuted from judgments before jus- 
tices of the peace in other cases. 

§ 17. The president and council, for the purpose of street repairs, 
keeping the streets, alleys, lanes, avenues and highways in 
repair, may require ev^ery male inhabitant of said town, 
over the age of twenty-one years, to labor on such streets, 
lanes, alleys, avAues and highways three days in each year, 
and every person failing or refusing to perform such road 
labor, after being notified as may be provided by ordinance, 
shall forfeit and pay one dollar and fifty cents (^1 50) per 
day for each day so neglected and refused. 

§ 18. Whenever it shall be necessary to take private Private r^op- 
property for opening or altering any public street or alley, ^"•^' 
the corporation shall make just compensation to the owner 
of such property, and pay or tender the same before open- 
ing or altering such street or alley ; and in case the amount 
of such compensation can not be agreed upon, the police 
magistrate shall cause the same to be ascertained by a jury 
of six disinterested freeholders of the town. 

§ 19. AYhen all the owners of property on a street or Petition, 
alley proposed to be opened or altered shall petition there- 
for, the town council shall provide for the opening or alter- 
ing the same, but no compensation shall be allowed to such 
owners for their property taken. 

§ 20. The president and council shall have power to Refusal to pay 
provide for the punishment of oflfenders against the ordi- ^°^'' 
nances, in the county jail, in all cases where such offenders 
shall fail or refuse to pay the fine or forfeiture which may 
be recovered against them. 

§ 21. The inhabitants of said town shall be exempt from Exemption from 
the performance of road labor and payment of road tax 
levied by authority of the commissioner of highways, and 
the entire jurisdiction and control of the roads, highways 
and bridges in said town shall be held and exercised by the 
president and council aforesaid. 

§ 22. All writs for the recovery of penalties for the Recovery of pe- 

1 -I <• T . . T "^ 1 11 1 • 1 x* naltiei, appeals 

breach oi any ordinance ol said town shall be m the lorm etc. 
of an action for debt, before the president of the board, or 
in case of the absence or inability to act, before some other 
justice of the peace of said town ; and changes of venue and 
appeals shall be allowed, in cases commenced before the 
said president of the board of councilmen, as in any other 
cases before other justices of the peace: Provided^ the P»ovi«o. 
said corporation shall be allowed to appeal, in any case in 
Yol. Ill— 20 . ' 



1^4 rowNS. 

which they are parties, by causing their clerk to execute A 
bond, in the name of said corporation, in the form now pre- 
scribed by law in other cases, without other security ; and 
an order entered upon the records of said corporation, di- 
recting such appeal, shall be sufficient evidence of the 
authority of said town clerk to siejn said bonds. 

Processes. § 23. The towu coustablc elected under the provisions 

of this act shall have power and authority to execute all 
process issued for breach ot any ordinance of said town, and 
for that purpose his power and authority shall extend over 
the county of McLean, and shall have the same power, ju- 
risdiction and authority, within the limits of said town, as 
other constables under the laws of this stat^ and shall give 
bond and qualify as the said board shall by ordinance pre- 
scribe. 

Suits. § 24. All suits for fines and penalties, in and for the vio- 

lation of any ordinance, shall be in the name of the town of 
Saybrook ; and the said corporation shall have power to 
regulate, by ordinance, the lorm and nature of the first and 
of any subsequent process, and the mode of executing the 
same. 

Prior ordinances § 25. All Ordinances and resolutions passed by the pre- 
sent town authorities shall remain in force until the same 
shall have been repealed by the corporation hereby created : 
FrovidecT^ no contract or agreement shall be afi'ected thereby. 

Prior fines-ac- § 26. All actious, fiucs, penalties and forfeitures which 

cumulation of. j^^yg accrucd to the president and trustees of said town 
shall be vested in and prosecuted by the corporation hereby 
created, and all property, real and personal, heretofore be- 
longing to said town, shall be and the same is hereby de- 
% clared to be vested in the corporation hereby created. 

Publishment of § 27. It shall be the duty of the town trustees of said 
in^^fStsadop- ^owu, immediately after the passage of this act, to cause the 
tion. same to be published two weeks in succession, in a paper 

printed in McLean county, and thereafter give notice for a 
public meeting of the legal voters of said town, whose 
qualifications shall be as prescribed by this act, to be held 
at the school house, in Saybrook, on the first Monday of 
April next, for the purpose of then and there voting for the 
adoption or rejection of this act. The majority of the legal 
voters there present shall determine the adoption or rejec- 

proviso. tion of the same : Provided^ that at any subsequent meet- 

ing, like notice being given, aforesaid, the same may be 
adopted and take effect immediately thereafter. 

§ 28. This act shall be deemed and taken to be a public 
act, and shall be so considered in all courts and places, and 
may be read in evidence without further proof. 

Evidence of § 29. A Certificate of the clerk of the board of council 
publication, of said towu. Under the seal of the corporation, of the pub- 
lication of any ordinance of the same, shall be deemed and 
regarded, in all courts, as evidence o^ the publication of 



TOWNS. . 155 

such ordinance according to the requirements of this act, 
without further proof. 

§ 30. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Approved March 7, 1867. 



AN ACT to incorporate the town of Otterville. In force March 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the in- 
habitants and residents of the town of Otterville, in the 
county of Jersey, are hereby made a body corporate and 
politic, in law and in fact, by the name of "The President Name, 
and Trustees of the Tovv^n of Otterville," and by such name 
and style shall be forever able and capable, in law and Powers. , 
equity, to sue and be sued, to plead and be impleaded, to 
answer and be answered unto, to defend and to be defended, 
in all manner of suits, actions, plaints, pleas, causes, matters 
and demands, of whatever kind or nature they may be, in 
as full and effectual a manner as any person or persons, 
bodies corporate or politic, can or may do; and, by the 
nanie and style aforesaid, shall have perpetual succession, 
and may have and use a common seal, which they may 
alter or revoke as they please. 

§ 2. That the corporate powers of said town shall be President and 
vested in and exercised by a president and two trustees, to t^^^teeg. 
be chosen and appointed as hereafter declared, who shall * 

form a board for the transaction of business. 

§ 3. That Henry E. Dougherty is hereby appointed Names of. 
president, and William McDow and Joseph G. White trus- 
tees, of said town, under this a(3t, and shall hold thir offices 
until the first Monday in April, one thousand eight hundred Term of office- 
and sixty-eight, and until their successors are elected and vacSes!"" 
duly qualified ; which election shall be held on the first 
Monday in April in each year thereafter. The members 
composing said board of trustees shall be at least twenty- 
one years of age, and inhabitants of said incorporated lim- 
its, and bona fide freeholders of said town ; and they shall 
have power to fill all vacancies in their board which may 
be occasioned by death, resignation or otherwise. 

§ 4. All free white male inhabitants, over the age of Qualified voters 
twenty-one years, who are entitled to vote for state officers, 
and who shall have been actual residents of said town six 
months next preceding any town election, shall be entitled 
to vote for town officers. 

§ 5. The boundaries of said town shall include in their Boundaries, 
limits all of that district of country known as section four- 



ers of trustees. 



156 TOWNS. 

teen, (14,) in township seven (7) north of range twelve (12) 
west of the third principal meridian, Jersey county, Illi- 
nois. 
Justices of the ^ 6. Any jiisticc of the peace of said county shall have 
peace. jurisdiction of all causes and prosecutions arising under 

said ordinances, when the amount in controversy shall not 
exceed one hundred dollars, and shall be entitled to the 
same fees as are allowed to justices of the peace for simi- 
lar services under the laws of this state. 
Inhabitants to § '7. The president of the board is hereby authorized 
*ats-mmtfa!^ to Call ou cvcrv male inhabitant of said town, over the age 
of eio-hteen vears, to aid in enforcino- the laws and ordi- 
nances, and, in case- of riot, to call out the militia to aid m 
suppressing the same, or in carrying into effect any law or 
ordinance; and any person who shall not obey such call 
shall forfeit to the said town a fine not exceeding five dol- 
lars. 
Duties and pow- § 8. The Said board shall have power to appoint such 
officers as may be judged necessary for carrying into effect 
the powers conferred upon said corporation by this act, and 
to require them to give such bonds, with such security, and 
take such oaths, as may be judged necessary to insure a 
faithful performance of their respective duties ; and shall 
have power — 

To appropriate money, and provide for the payment of 
the debts and expenses of the town. 

To make res^ulations to secure the o-eneral health of the 
inhabitants of the town. 

To declare what shall be deemed a nuisance, and to pre- 
vent and remove the same. 

To open, abolish, alter, widen, extend, establish, grade 
or otherwise improve and keep in repair streets, alleys and 
lanes in said town, and erect, maintain and keep in repair 
bridges. When it shall be necessary to take private pro- 
perty for opening, widening or altering any public street, 
lane, avenue or alley, the corporation shall make a just 
compensation therefor to the person whose property is so 
taken ; and if the amount of such compensation can not be 
agreed on, the president of the board shall cause the same 
to be assessed by a jury of six disinterested freeholders. 
All jurors impanneled to inquire into the amount of benefit 
or damage which shall happen to owners of property pro- 
posed to be taken for opening, widening or altering any 
street, lane, avenue or alley, sliail first be sworn to that effect, 
and shall return to the president their inquest in writing, 
signed by each juror. In assessing the amount of compen- 
sation for property taken for opening, widening or altering 
any street, lane, avenue or alley, the jury shall take into 
consideration the benefit as well as the injury happening 
by such opening, widening or altering such street, lane, 
avenue or alley. 



TOWNS. 157 

§ 9. The president and trustees shall have power and Taxes, 
authority to levy, assess and collect a tax upon all property, 
real, personal and mixed, in said town, which is no\^ or 
may hereafter be subject to taxation for state or county 
purposes, not exceeding one-half of one per centum per 
annum upon the assessed value thereof, and may assess and 
enforce the collection of the same by any ordinances not 
repugnant to the constitution of the United States; or the 
said board may, if they think proper so to do, by ordinance, 
adopt the annual assessment made of the property in said 
town bv the countv assessor. 

§ 10. The style of the ordinances of the town shall be, ordinances— 
"Be it ordained'hy the Fresident and ^Trustees of the Town v^^^'^^'XionoL 
of Ottermllej''^ and all ordinances shall, within one month 
after they are passed, be published by posting copies of the 
same in two public places in said town ; and the certilicate 
of file board, under the seal of the corporation, shall be 
2?rima jacie evidence of such publication. Xo ordinance 
shall take effect until published as aforesaid. All ordinances 
may be proven by the seal of the town, and, when printed 
or published in book or pamphlet form, and purporting to 
be printed or published by authority of the corporation, the 
same shall be received as evidence in all courts and places, 
without further proof. 

§ 11. The inhabitants of said town shall be exempt from ExempUoufrom 
the performance of road labor and the payment of road tax road labor, etc. 
levied by authority of the county court, and the entire juris- 
diction^ and control of the roads, highways and bridges in 
said town shall be held and exercised by the president and 
trustees aforesaid ; and they shall have power, and it is 
hereby made their duty, when it may be necessary for 
the purpose of keeping in repair the streets and alleys of 
said town, to require every able-bodied male inhabitant of street labor, 
said town, over twenty-one years of age and under fifty, to 
labor on said streets and alleys not exceeding three days in 
each year ; and any person failing to perform such labor, 
when duly notified by the street commissioner of said town, 
shall forfeit and pay the sum of two dollars to said town 
for each and every day so neglected or refused. 

§ 12. All writs for the recovery of penalties tur the Recoyeryof pe- 
breach of any ordinance of said town shall be in the form 
of an action of debt before some justice of the peace, and 
changes of venue and appeals shall be allowed in all cases. 

§ 13. The president and trustees shall have power, by heedful buiid- 
ordinance, to provide for the erection of all needful build- '^^^^ grounda, 
ings for the use of the town, and to provide for the inclosing, 
laying off, improving and regulating all public grounds, 
squares and burial grounds belonging to the town ; to Auctioneers, 
license, tax and re2:ulate auctioneers, merchants, retailers, merchants, u- 

~. 1 TT 1 1 1 cjuor licenses, 

grocers, taverns, eating houses, peddlers, brokers and money disorderly hou- 
changers, but not to license the manufacture or sale of in- pSamesfetc!^ 



158 



TOWNS. 



Proviso, 



Billiards. 



Oflfendeis, 



toxicatiog liquors, or mediciues that will intoxicate ; to 
restrain, prohibit and suppress distilleries, breweries, tip- 
pling houses, dram shops, gaming houses, bawdy houses, 
and other disorderly houses, in said town and within one 
and one-half miles of the incorporation ; to regulate the 
police of the town ; to impose fines, forfeitures and penalties 
for the breach of any ordinance ; for the recovery and ap- 
propriation of such fines and forfeitures, and for the enforce- 
ment of such penalties, not exceeding one hundred dollars : 
Provided^ that the right of trial by jury shall in no case be 
denied to any person charged with a breach of any of the 
provisions of this act or any ordinancfe ; to prohibit and 
suppress billiard tables, lotteries, ball alleys, and to make 
and enforce all ordinances necessary for carrying into efi'ect 
all the powers specified in this act, so that such ordinances 
are not inconsistent with the constitution of the United 
States or of this state ; to provide for the punishment of 
ofien iers against the ordinances of said town by imprison- 
ment in the county jail not exceeding thirty days for one 
offense, in all cases where such offender shall fail or refuse 
to pay the fines and forfeitures which may be recovered, 
and in extreme cases, such as keeping tippling houses, 
dram shops, etc., both fine and imprisonment may be im- 
Animais at large posed ; to restrain, regulate and prohibit the running at 
large of cattle, horses, sheep, swine, goats and other ani- 
mals, and to authorize the distraining, impounding and sale 
of the same; and to prohibit any indecent exhibition of 
horses and other animals ; and to prevent and regulate the 
running at large of dogs, and authorize the destruction of 
the Same when at large contrary to any ordinance. 

§ 14. Any failure to hold elections under this act at the 
specified times shall not work a forfeiture thereof, but the 
said elections may be held at any day thereafter, by giving 
ten days' notice of the same. 

§ 15. This act is hereby declared to be a public act, and 
may be read in evidence in all courts of law or equity in 
this state without })roof. This act to take effect and be in 
force from and after its passage. 

Approved March 7, lb 67. 



Failure to hold 
elections. 



Evidence of act. 



In force March 
7,1867. . 



AN ACT to incorporate the town of Sigel. 



Section 1. Jie it enacted hj the People of the Stat-i of 

Illinois^ represented in the General Assembly^ That the 

inhabitants in the town of Sigel, in Shelby county, be and 

the same are hereby constituted a body corporate and politic, 

Name and style bv the name and style of "The President and Trustees of 



towNS. 159 

town of Sigel," and by that name and style shall be known ^ 
in law, have perpetual succession, sue and be sued, plead Powers. 
and be impleaded, in all cases and courts of law and equity ; 
may purchase, take and hold, sell, grant and convey real 
and personal property, for the benefit of said town, adopt 
a common seal, and change the same at pleasure. 

§ 2. The boundaries and limits of said town shall in- Boundaries, 
elude the northeast quarter of section fourteen, township 
nine north, of range six east, of the third principal meri- 
dian, and all sucli other tracts adjoining the same, as may 
hereafter be laid out into town lots and duly recorded. 

g 3. The corporate powers of said town shall be vested 
in ii president and four trustees, who shall form a board for 
the transaction of town business, and a majority of whom 
b!i 1 1 foiin a quorum to do business. 

g 4r. The legal voters of said town shall, on the first Election of trus- 
Moaday of June, 1867, and annually thereafter on the same 
day, elect, by ballot, five trustees to serve for one year, and 
until their successors are elected and qualified ; and said 
trustees shall, on their first meeting after such election, elect, President. 
by ballot, one of their number president of said board. 

§ 5. To entitle a person to hold the ofiice of trustee of Qualified trus- 
said town, he must be at least twenty-one years of age, a **'^'^' 
citizen of the United States, and possess a freehold estate 
in the said town. All persons legally qualified to vote for 
governor and state representatives, shall be entitled to vote 
at all elections and meetingsheld in said town, after having 
resided therein sixty days. 

§ 6. The trustees shall meet on the first Thursday after Meetings, 
said election, at such place as they may elect in the limits 
of said corporation, and provide by ordinance for monthly 
stated meetings of the board thereafter, at such time and 
place as they may determine, and shall be judges of the 
qualification and election of their own members ; shall have Vacancies. 
power to fill all vacancies by appointment. The first elec- First election, 
tion shall be held by three judges and two clerks, to be 
appointed by the voters and sworn by some officer of the state 
authorized to administer oaths, faithfully and impartially to 
perform the duties of judges and clerks of such election. 
Ten days previous notice of said first election shall be given 
by at least one or more of the electors in said town posting up 
written or printed notices thereof, in at least three public 
places in said town ten days before said election, stating the 
object and time and place of holding said election ; and at 
all subsequent elections the board of trustees shall give such 
notice : Provided^ that in case of failure to hold said first Proviso. 
election on the day aforesaid, said first election may be held 
on any subsequent first Monday of a subsequent month: 
Provided^ that due notice thereof shall be given as herein 
provided : And-^ provided^ also, that the officers so elected 
shall hold their office until the next first Monday in June. 



160 



TOWNS. 



Police 
trate. 



Taxes. 



Miscellaneous 
provisions. 



and until their successors shall have been elected and 
qualified. 

§ T. At said iirst election, and every four years there- 
after, there shall also be elected a police magistrate for said 
town, to hold his office for four years, and until his succes- 
sor is elected and qualified. The police mao^istrate shall be 
commissioned by the governor, take the same oaths, give 
like bond, and have the same jurisdiction as justices of the 
peace, and in addition, shall have exclusive original juris- 
diction of all cases arising under tlie ordinances of said 
town, with full power to hear and determine the same, 
and to enforce Ms orders and judgments by execution and 
other process, the same as other judicial officers of the state ; 
shall receive the same fees as justices of the peace for like 
services. Vacancies in the office of police magistrate shall 
be filled by special election. 

§ 8. The president and trustees shall have power to 
levy and collect taxes on real and personal property in the 
limits of said town, not exceeding one per cent, on the 
assessed value thereof; to prevent and abate nuisances ; to 
restrain horses, cattle, swine, sheep, dogs and other animals 
from running at large in said town ; to make regulations to 
secure the general health of the inhabitants ; to establish 
quarantine regulations ; to establish night watches ; to erect 
lamp-posts and lamps in the streets, and light the same ; to 
build and repair bridges ; to license and tax merchants, 
grocers, saloons, autioneers, hotel keepers, and peddlers, 
theatrical and other shows, billiard tables and all other 
amusements ; to restrain and prohibit gaming houses, baw- 
dy houses, and all kinds of disorderly houses ; to prohibit 
the shooting of tire arms in the limits of the corporation ; 
to establish and erect markets ; to open and keep in repair 
streets, alleys, avenues, lanes, drains and sewers, and keep 
the same free from obstruction ; to establish and regulate a 
tire department, and provide for the prevention and extin- 
guishment of tiles ; to dig wells and erect pumps in the streets ; 
to regulate the storage of combustibles ; to make all necessary 
police regulations for the town ; to regulate the election of 
town officers and fix their compensation ; to pass all such 
ordinances as may be required to carry into effect the pro- 
visions of this act, and the powers herein granted for the 
good of said town ; to impose fines and forfeitures for the 
breach of ordinances, and provide for the collection there- 
of, and appropriate the same, and to provide for the collec- 
tion of taxes. 
AppoiBtmentof § 9. The board of trustees shall have power to appoint 
officers. ^ town constablc, street commissioner, clerk, treasurer and 

such other officers as may be required to carry into effect 
the powers herein granted, and to detine and regulate their 
respective duties. 



TOWNS. 161 

§ 10. All officers elected or appointed by virtue of this oath of office. 
act shall, before entering upon the duties of office, take* an 
oath, before some officer authorized to administer oaths, tj 
support the constitution of the United States, and of this 
state, and faithfully and impartially to discharge the duties 
of office. 

§ 11. The police mas^istrate shall allow parties the right ^^^^^^^. ^^ ^"*^ 
of trial, by jury, in all cases wherein the laws of the state 
guarantee that right, and appeals and writs of certiorari Appeals, 
may be prosecuted in all cases from decisions and judgments 
of the police magistrate, the same as from decisions and 
judgments of justices of the peace. 

§ 12. The board of trustees may, in case a change change of name 
should be made in the name of the railroad station or of 
the post office in said town, change the name of said town. 

§ 13. This act sliall be deemed a public act, and take 
effect from and after its passage. 

Approved March T, 1867. 



AX ACT to incorporate the town of Jefferson, in the eoiintv of Cook and Tn force Ma.v 

state of Illinois. ''^^**'- 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General AsseniMy^ That the 
inhabitants and residents of the town of Jefferson, in the 
county of Cook, be and they are hereby constituted a body 
politic and corporate, by the name and style of "The Town Name and style 
of Jefferson," and by that name shall have perpetual suc- 
cession, and may have and use a common seal, or not, as 
they may choose, which they may change and alter at plea- Power?, 
sure; have power to sue and be sued, plead and be im- 
pleaded, in all courts of law and equity, in all actions what- 
ever, and purchase, receive and hold property, real and 
personal; within the limits of said town, for public grounds 
or town purposes, for the use of the inhabitants of said 
town ; and may sell, and lease or dispose of property, real 
and personal, for the benefit of said town, and improve and 
protect such property, and do all things in relation thereto, 
as natural persons. 

§ 2. The boundaries of said town shall include within Boundaries, 
their limits all that district of country now known as the 
town of Jefferson, in the county of Cook and state of Illi- 
nois. 

§ 3. The government of said town shall be vested in Board of trus- 
five trustees, and the supervisor, assessor and three com- 
missioners of highways of said town of Jefferson, and their 

Vol. 111—21 ^ 



162 



TOWNS. 



respective successors in office are hereby constituted and 
declared a board of trustees. 

Qualifications of § 4. The board of trustees shall determine the qualiii- 
cations of its members, and have power to determine the 
rules of their own proceedings, punish a member for dis- 
orderly conduct, and with a concurrence of four-fifths, said 

Quorum. board of trusrco? can expel a member for disorderly conduct. 

A majority of said ]K>ard shall constitute a quorum, but a 
smaller number may adjourn from time to time and compel 
the attendance oi absent members, under such penalties as 
may be prescribed by evidence [ordinance]. 

Oath of office. § 5- Each of the said board of trustees shall, before en- 
tering upon the duties of his office, take an oath to perform 
the duties of his office to the best of his knowledge and 
ability, to support the constitution of the United States and 
of tliis state. There shall be at least one regular meeting 
of said board of trustees in each quarter of a year, at such 

Adjournment — ^^'^^^ ^^^ place ' as may 1)6 prescribed by ordinance, with 
presiding offi- powcr to adjoum from time to time as may be deemed ne- 
cessary. The supervisor shall preside at all meetings, and 
in case of his absence or inability to act at any meeting of 
the board, one of their number may be chosen chairman, 
who shall preside at that meeting. The supervisor, or any 
twu members of said^board of trustees, may call special meet- 
ings when deemed necessary. 

§ 6. The said board of trustees shall have power from 
time to time, 

Btreet improve- -^^'^''S^- — To causc any Street, alley or highway to be open- 

rtients. ed, altered or widened, extended, laid out, graded, paved, 

macadamized, planked, clayed and graveled, or otherwise 
improved, and to keep the same in repair. 

sidewalks, etc. Secoud. — To causc sidc-walks, cross-walks, main drains 
and sewers, private drains and aqueducts to be constructed 
and laid, relaid, cleansed and repaired, and to regulate the 
same. 

Animals at large Third. — To rcgulatc the running at large of cattle, horses, 
sheep, swine, goats and other animals, and prohibit any in- 
decent exhibition of horses and other animals ; to establish 
and maintain a public pound, and appoint a pound master 
and prescribe his duties, fees and compensation for liis ser- 
vices. 

Dogs. Fourth. — To prevent the running at large of dogs, and 

provide for the destruction of the same when running at 
large contrary to ordinance ; to prevent public dog-fights, 
bull-fights, prize fights, or any public or private fighting, 
and to restrain loud and unbecoming, profane or indecent 
language or disorderly conduct in said town. 

Liquor traffic. Fifth. — To liccnsc, tax and regulate the selling, ex- 
changing and traffic of any wine, rum, gin, brandy, whisky, 
ale beer, porter, cider or other intoxicating liquors, within 
the limits of said town ; and any person who shall take out 



TOWNS. 163 

a license from said trustees, as pi'escribed by ordinance, 
shall not be required to take a license from the county clerk ; 
and the money received for such license shall be paid over 
to the commissioners of highways, and laid out by them on 
the public roads and streets in said town. 

^xth. — To provide for inclosing, improving and regula- pubuc grnmds. 
ting all public grounds belonging to said town or that may 
hereafter be acquired by said town ; to provide for the in- 
spection and weighing of hay, and the measuring of lire- 
wood and other fuel to be used in said town. 

Seventh. — To require railroad companies to construct and Railroad cross. 
keep in repair suitable crossings at the intersections of ^^ss'^^c. 
streets and alleys, when the board of trustees shall deem it 
necessary, and to cause to keep open and repair ditches, 
drains, sewers and culverts on the sides of their railroad 
tracks, so that filthy, stagnant pools of water can not stand 
on their grounds or right of ways to the injury of said town 
and to the health of the inhabitants thereof, and to regulate 
the speed of locomotive engines in said town or any part 
thereof. 

Eighth. — To compel the owners or occupants of any soap Nauseous and 
factory, tallow chandler shop, tannery, grocery, privy, eel- ji^j^^enls^®**^' 
lar, stable, barn, sewer or other unwholesome, nauseous 
house or place, to cleanse or remove or abate the same as 
often as may be necessary for the health, comfort and con- 
venience of the inhabitants of said town; to direct and 
regulate the location, construction and management of 
breweries, tanneries, packing houses, distilleries and slaugh- 
tering houses, so that the same shall not be injurious to 
said town or injurious to the inhabitants thereof, and to 
license and restrain steaming or rendering lard, tallow, offal, 
atid such other substances as can or may be rendered, and 
all establishments or places where any nauseous, offensive 
or unwholesome business may be carried on ; to regulate, 
restrain, prohibit and punish, by tine or imprisonment, 
shooting in said town. 

Ninth. — To make regulations to secure the general health General health. 
of the inhabitants of said town ; to prevent the introduction 
of contagious diseases into the town; to prevent depositing 
any dead bodies, night soil, corrupt or filthy substance or 
thing in said town ; to abate and remove nuisances, and Nuisances, 
punish the authors thereof by fines, penalties and imprison- 
ments, and to make all necessary laws- or rules for that pur- 
pose, and to enforce the same ; but nothing in this act bhall 
be so construed as to oust any court of jurisdiction by in- 
dictment or otherwise. 

Tenth. — To restrain, prohibit and punish, by fine or im- Trees, etc. 
prisonment, the cutting of trees or shrubbery upon any of 
the pubUc grounds or highways, streets or alleys in said 
town. 



164: 



TOWNS. 



Consiabie. Elefveiith.—To appoint town constables to fill any vacan- 

cy caused by death or resignation of any constable, and to 
appoint as many policemen as they shall deem necessary, 
who shall be qualified by taking the oath of oflice in the 
same manner that constables are, and who shall have the 
same power and authority to serve process, writs, and make 
arrests, and to do any and all things or acts within the power 
or authority of constables, and to provide reasonable com- 
pensation for services and expenses of such policemen and 
constables. 
Justice of the § 7. Auy justice of the peace of said town, or any court 
peace. ^^ record of Cook county, shall have jurisdiction of any 

ofienses under the orders, ordinances or regulations of said 
board of trustees. 
Recovery of pe- § 8. All actions brought to recover any penalty or for- 
naities.etc. feiture incurred under this act, or the ordinances or resolu- 
tions, by-laws or police regulations made in pursuance of it, 
shall be brought in the corporate name. It shall be lawful 
to declare generally in debt for such penalty or forfeiture, 
stating the clause of this act, or the by-laws, or ordinances, 
under which the penalty or forfeiture is claimed, and to 
give the special matter in evidence under it. 
Violation of or- § 9. lu all prosccutions for the violation of any ordi- 
nances, by-law, police or other regulation, the first process 
shall be a summons, unless oath or afiirmation be made for 
a warrant, as in other cases. Any fine imposed for viola- 
tion of any order, ordinances or regulations shall be paid 
to said board, and shall by them be used to defray such ex- 
penses as may be incurred in the exercise of their powers. 
Assescraentsfor § IQ. The cxpcuses of any improvement mentioned in 
improvemen s. ^^^^ forcgoing scctious sball be assessed upon the real estate 
in said town of Jefierson benefited thereby, with the cos'ts 
of the proceedings therein, in proportion, as nearly as may 
be, to the benefits resulting thereto. 

§ 11. The amount to be assessed for any such improve- 
ment or purpose shall be determined by the said board of 
trustees, and they shall, by ballot, appoint, by a majority 
of said board, two respectable freeholders of said town of 
Jefierson, who, with the assessor of said town, (who shall 
always be one of tlie three commissioners,) shall make such 
assessment. The commissioner and assessor thus appointed 
shall be sworn faithfully and impartially to make such 
assessment, and do their duty to the best of their ability. 
Commissioner.'.' § 12. Beforc entering upon their duties, the commis- 
of-Se",°eta sioners shall give six days' notice to all persons interested, 
by posting up notices in three of the most public places in 
^ said town of Jefierson, of the time and place of meeting; 

and they may, if necessary, adjourn from day to day. The 
commissioners shall assess the amount directed by the said 
board of trustees to be assessed upon the real, estate by 
them deemed benefited, resulting thereto, as nearly as may 



TOWNS. 165 

be, and briefly describe, in the assessment roll to be made 
bj them, the real estate in respect to which any assessment 
is made. 

§ 13. AVhen the commissioners shall have completed Asscssmentg. 
their assessment, and made [a] correct copy thereof, and 
each commissioner signed the same, they shall deliver the 
said assessment roll to the town clerk of said town of Jef- 
ferson, within sixty days after appointment. The town 
clerk shall thereupon cause notices to be posted up in three 
of the most public places of said town, for the space of six 
days, to all persons interested, of the completion of the 
assessment, and of the filing of the roll. Time and place 
shall be designated therein for hearing objections. 

g 14. Any person or persons interested may appeal to Appeals. 
said board of trustees for the correction of the assessment. 
Appeals shall be in writing, and liled in the town clerk's 
office within sixty days after the notice shall have been 
posted up, as provided in the foregoing section. The 
board of trustees may adjourn such hearing from day to 
day, and shall have power, in case of appeal or otherwise, 
in their' discretion, to revise and correct the assessment roll 
in any way they may deem best, by appointing three other 
commissioners, or otherwise ; and when confirmed, it shall 
be final and conclusive on all parties interested. When 
confirmed, the assessment shall be collected as hereinafter 
shall be provided ; and no appeal or writ of error shall lie 
in any case from such order or determination. If an}^ 
assessment be set aside by order of any court, the board of 
trustees may cause a new one to be made, in like manner. New assessment 
for the same purpose, for the collecting the amount so 
assessed. If any vacancy happens in the office of commis- vacancy in of- 
sioner at any time, by reason of the removal, failure or sfon?'-.^"'™'^' 
refusal or inability, from sickness or other cause, to serve, 
the board of trustees may fill such vacancy. If jtlie first 
assessment prove insufficient, another may be made in the 
same manner; or if too large a sum shall at any time be 
raised, the excess shall be refunded, ratably, to those by 
whom it was paid. 

§ 15. Commissioners appointed under this act (and the commissioners' 
said assessor) may be sworn into office by the town clerk ; compensation, 
and said commissioners shall be allowed three dollars per 
day, each, for actual service ; which, together with all other 
expenses in relation to any assessment made in pursuance 
of this act, shall l^e deemed part of the expenses of the 
improvement, and included therein. 

§ 16. When the assessment shall have been confirmed. Duties of town 
as hereinbefore provided, it shall be the duty of the town ene^to"as"sJss- 
clerk to file the same in the office of the clerk of the county ™^"'^- ., 
court of the said county of Cook ; and it shall be the duty 
of said clerk of the county court, in the warrant next there- 
after to be issued for collection of state and county taxes 



! 



166 



Collectors du- 
ties therein. 



Rights of re- 
demption. 



Deeds. 



CompensatioQ 
and liabilities 
of collector. 



Construction of 
act. 



Adoption of act 
to be voted on. 



TOWNS. 

levied upon the real estate in said town of Jefferson, to set 
down in a column for that purpose provided, opposite the 
several lots, pieces or parcels of real estate upon which 
assessments have been made for benefits, as hereinbefore 
provided, the amount of said assessment, respectively ; and 
it shall thereupon be the duty of the collector of taxes for 
the state and county to collect the said assessment, and 
enforce the payment thereof, in the same manner, and with 
all the rights, powers and authority that he has to collect 
state and county taxes, and shall pay the same over to the 
supervisor, or other officer entitled to receive the town tax, 
at the same time that he is required to pay over the county 
revenue ; and the proper court of said county shall render 
judgment against, and order the sale of, any lot, piece or 
parcel of real estate, for the non-payment of the said assess- 
ment and costs, in the same manner as is or may be provi- 
ded for state and county taxes, and judgment shall be ren- 
dered for the aggregate amount for state, county and other 
taxes, and the assessment aforesaid. The sale shall be con- 
ducted upon tl^e same notice and judgment, and in the 
same manner, as is or may be provided by law for state and 
county taxes. The right of redemption shall exist, and be 
exercised in the same manner, and deeds for property sold 
for any assessment levied under this act shall be executed 
by the same person, and shall have the same effect as evi- 
dence, as deeds executed in pursuance of the laws now in 
force, or hereafter to be enacted, providing for the collection 
of state and county taxes in counties adopting the township 
organization. The collector shall receive the same com- 
pensation for the collection of said assessment as is allowed 
for the collection of state and county taxes, to be paid out 
of the funds of the town of Jefferson ; and he shall be lia- 
ble, on his bond, for the faithful performance of the duties 
required under this act. 

§ 17. ' This act shall be deemed and taken as a public 
act, and construed in the most liberal and beneficial manner 
to carry out its provisions, and be in force from and after 
its passage. 

§ 18. The adoption of this act shall be submitted to a 
vote of the legal voters of said town of Jefferson at the 
next annual town meeting. The ballots on that subject 
shall be indorsed "For town charter," or "Against town 
charter ; " and if a majority of the legal votes so cast at 
said town meeting on said subject be indorsed, " lor town 
charter," then this act shall become a Taw, and not other- 
wise. The result of the vote upon this subject shall be 
returned to the county clerk of Cook county, in the same 
manner as other election returns are made; and the certifi- 
cate of the said county clerk as to the said return shall be 
evidence of the result of said vote on said subject. 

Approved March 7. 1867. 



re- 



TO\VNS. 16^ 



AN ACT to amend an act entitled "An act to amend the charter of the In force March 
town of Hennepin," published on pages 131-135 of laws 1852. 7,1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the sections 
first, second and third sections of the act to which this act is peaked. 
an amendment be and the same are hereby repealed, and 
the original law repealed by said first section of the act 
hereby amended is hereby revived and declared to be in 
full force. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Appkoved March 7, 1867. 



AN ACT to incorporate the town of Mackinaw. in force March 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the Geneo^al Assembly^ That the in- 
habitants of the town of Mackinaw, Tazewell county, Illi- 
nois, are hereby created a body corporate and politic, by Name and style. 
the name and style of " The Town of Mackinaw." 

§ 2. All powers granted to the town of Mason, by an corporate pow- 
act entitled "An act to incorporate the town of Mason, Ef- ®^^' 
fingham county, Illinois," approved February 15, 1865, are 
hereby granted to said town of Mackinaw. 

§ 3. That the boundaries of said corporation shall be as Boundariei. 
follows: Commencing at the north east corner of the west 
half of the north-east quarter of section number seventeen 
(17), in township number twenty-four (2i) north, range 
number two west of the third principal meridian'; thence 
south three-fourths of a mile ; thence west one mile ; thence 
north three-fourths of a mile ; thence east to the place of 
beginning — including all the territory within the above 
bounds. 

§ 4. The first election for town officers, under the pro- Election ofom- 
visions of this act, shall be held on the first Monday in *^®''^- 
April, 1867, and elections shall be held annually thereafter 
as provided in the sixth section of the act to incorporate the 
town of Mason. 

This act to be in force from and after its passage. 

Approved March 7, 1867. 



168 



TOWNS. 



1 



^" ^r^lseT'"*^^^' AX ACT to amend an act entitled "An act to incorporate the town of 
'' ' Xenia," approved P'ebruary 16, a. d. 1865. 

ARTICLE I . 

Section 1. Be it enacted hy the Feojple of the State of 
Illinow^ represented in the General Assemhly^ That the in- 
habitants of the town of Xenia, in the county of Clay and 
state of Illinois, are hereby eonstitnted a body politic and 
Name and style, corporate, by the name and style of "The President and 
Trustees of the Town of Xenia," and by that name and 
style shall have perpetual succession ; shall have and use a 
common seal, which they may change and alter at pleasure, 
and in whom the government of the corporation shall be 
vested, with power to regulate and manage its affairs. 

§ 2. The inhabitants of said town, by the name and 
style aforesaid, may sue and be sued, implead and be im- 
pleaded, defend and be defended in all courts of law and 
equity, and in all actions wdiatever ; and purchase, receive 
and hold property, real or personal, within or beyond the 
limits of said town, for burial grounds, and for other public 
purposes, for the use of the inhabitants of said town ; and may 
sell, lease and dispose of property, real and personal, for 
the benetit of said town, and improve and protect such pro- 
perty ; and may do all things pertaining thereunto as na- 
tural persons. 

g 3. The boundaries of said town shall include within 
their limits all of the tracts of land embraced in the plat of 
the town of Xenia, together with all the additions that now 
are or may hereafter be made to said town plat, as recorded 
in the recorder's office of the said county of Clay. 



Powers and pri 
vileofes. 



Boundaries. 



ARJICLE II. 



Council. 



members. 



§ 1. There shall be a town council, to consist of a presi- 
dent and four trustees, to be chosen annually by the quali- 
fied voters of the said town. 
Qualifications of g 2. No persou shall be a member of the town council 
who shall not have been, for one year previous to his elec- 
tion, a resident and hona fide free-holder wdthin the limits 
of said town (which residence shall not be for the purpose 
of education or for any other temporary purpose), and who 
shall not be a qualified voter at all elections for state and 
county officers. 

§ 3. If any member of the town council shall, during 
the term of his office, remove from the town, or absent him- 
self therefrom for three successive months, his ofiice shall 
thereby be vacated. ' 
'Qualifications, § 4. The towu council shall judge of the qualifications, 
and returns, (^i^ctions and rctums of its own members : Provided^ the 
election of any trustee may bo contested in the same man- 



Vacalion of of- 
fice. 



TOWNS. 169 

ner as is provided bv law for contesting the election of su- 
pervisors. 

§ 5. A majority of the town council shall constitute a Quorum- 
quorum to do business, but a smaller number may adjourn, ^''■entee^' 
from day to day, and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance. 

§ 6. The town council shall have power to determine Rules of pro- 
the rules of its proceedings, and punish its members for dis- ceedinga. 
orderly conduct in such manner as may be prescribed by 
ordinance, and may, by a vote of three-fourths of all the 
members elected, expel a member for good and sufficient 
cause. 

§ 7. The town council shall keep a journal of its pro- Journal of pro- 
ceedings ; and no member of the town council, during the '^^^'^'^s^- 
term of his office, shall be appointed to any office under the 
authority of the council, nor make any contract with said 
council ; and the journal of said council shall, at all proper 
times, be open to the inspection of the inhabitants of said 
town. 

§ 8. All vacancies that shall occur in the town council vacancies, 
shall be filled by election, and each and every member of 
said council shall, before entering upon the duties of his 
office, take and subscribe an oath that he will support the oath of office, 
constitution of this state and the United States, and that he 
will well and faithfully perform all the duties of his office to 
the best of his skill and ability. 

§ 9. In case of a tie in the election of members of the Tie vote, 
council, the judges of election shall certify the same to the 
police justice, who shall determine the same, by lot, in such 
manner as may be prescribed by ordinance. 

§ 10. There shall be one stated meeting, in each month stated meetings 
of the year, of the town council, at such time and place as 
may be prescribed by ordinance. 

ARTICLE III. 

§ 1. There shall be elected in the town of Xenia, by the Election of oab- 
qualitied voters thereof, on the second Tuesday of March, ^^''^* 
A. D. 1870, and on the second Tuesday in March, quadren- 
nially thereafter, one police justice and one town constable, 
who shall hold their offices for four years, and until their 
successors shall be elected and qualified; and their eligi- 
bility shall be the same as required for members of the town 
council, in section second, article second, of this act ; and 
for the election of all of said officers the town of Xenia is 
hereby declared an election precinct, and such election shall 
be conducted and the returns thereof made pursuant to the 
election laws of this state. 

§ 2. The police magistrate shall have exclusive juris- Magistiatei. 
diction in all cases arising under the ordinances of the cor- 
Yol. Til— 22 



170 



TOWNS. 



Proviso. 



Proviso. 



proviso. 



poration, and concurrent jurisdiction, power and author- 
ity in all cases whatsoever, with other justices of the peace, 
arising under the laws of this state, and shall be entitled to 
the same fees as other justices of the peace, in like cases ; 
and he shall have power and authority to perform all acts 
that other justices of the peace are now authorized to per- 
form under the laws of this state, and to the same extent, and 
subject to the same liabilities as other justices of the peace ; 
and the said police magistrate shall, before entering upon 
the duties of his ofhce, take and subscribe the same oath of 
office, and execute the same bond, and be commissioned in 
the same manner as other justices of the peace : Provided^ 
that the police magistrate elected under the act to which 
. this act is an amendment, and who is now in office, shall, 
within ten days after the passage of this act, execute an ad- 
ditional bond for an amount four times as great as the bond 
now given by him, in the manner now provided by 
law : And^ provided^ his successor in office shall execute a 
bond for an amount five times as great as the bond now 
required by the law of this state, of justices of the peace, 
and in the manner now provided by law ; and said police 
magistrate shall be, ex-qfficio^ justice of the peace of the 
•county of Clay : And^ ])TOvided^ that a change of venue in 
the manner now provided by law, shall be granted in all 
cases under the ordinances of the town council from the 
police justice of said town to the nearest justice of the 
peace, who is hereby invested in such cases with all the 
authority of the police magistrate in all cases under the 
Proviso. ordinances of the town council : Provided^ also, that in the 

event of the absence, sickness, death or resignation of the 
police justice, the next nearest justice of the peace of Clay 
county shall be invested with the powers conferred upon 
police justices by this act, in all cases under the ordinances 
of the town council, until such cause is removed. 
Constable-fees § 3. The town coustablc shall be, ex-officio, a constable of 
?i^n,*^o°S£^°u." ^^^^ county of Clay ; he shall be entitled to the same fees 
ties,' etc. ' as Other constables, and in addition thereto, such other com- 
pensation as the town council may allow him for special 
services as policeman, or other services ; and he shall, be- 
fore entering upon the duties of his office, execute a bond, 
as now required by law, and as in all respects as herein 
provided in section second of this article, of the police 
magistrate, and shall, in all cases of malfeasance in office, 
be subject to the same penalties that other constables of 
this state are now or may hereafter be subject to. When- 
ever the constable of said town shall see any person 
or persons, within the limits of said town, engaged in 
any assault, assaults and battery, riot, rout, affray, distur- 
bing the peace of the inhabitants of said town, disturbing 
, any public meeting, religious or otherwise, or unlawful as- 

semblages of any kind, within said town, it shall be his 



TOWNS. 171 

duty to make immediate arrest of such person or persons, 
on view, without warrant ; and in all such [cases] any con- 
stable of the county of Clay shall have the same power of 
arresting without warrant as the said town constable in such 
cases would possess ; and in all such cases of arrest without 
warrant, the constable making such arrest shall forthwith 
take such person and persons before the police magistrate 
of said town ; or in case of his absence or inability to act, 
before any justice of the peace having an office in said town, 
and shall inform such police magistrate or justice of the 
peace of the nature of the offense for which such person 
or persons were arrested ; and the said police magistrate 
or justice of the peace shall thereupon institute a suit 
against such person or persons, and proceed therein in all 
respects the same as if such person or persons had been 
arrested under a warrant, by him duly issued; and the said 
town constable shall well and faithfully perform all other 
acts and duties required of him by the laws and ordinances 
of said town. 

ARTICLE IV. 

§ 1. On the second Tuesday in March, a. d. 1867, and Elections, 
annually thereafter, there shall be held in said town an 
election for the president and four members of the town 
council, and for police magistrate, and town constable, in 
the manner provided in section lirst, article third, of this 
act ; said election shall be conducted in all respects con- 
formably to the election laws of this state, so far as the 
said laws pertain to the election of the police magistrate 
and town constable, and of the other officers, unless other- 
wise regulated by ordinance not repugnant to the constitu- 
tion and laws of this state : Provided^ the polls of said 
election, until otherwise regulated by ordinance, shall open 
at one o'clock p. m., and close at six o'clock p. m., of said 
day, and all persons who are now or may hereafter be 
qualified electors at elections under the general election 
laws of this state, may vote at said elections. 

ARTICLE V. 

§ 1 . The town council shall have power to appoint a Appointment of 
clerk, treasurer, assessor, street commissioner, and all such 
other officers as may be necessary, and prescribe their duties 
and to require of all officers appointed in pursuance of this 
charter, bonds, with such penalties and security as may be Securities, etc. 
deemed expedient for the faithful performance of their res- 
pective duties ; also to require of all officers appointed as oath of office, 
aforesaid, to take an oath for the faithful performance of 
the duties of their respective offices, before they shall enter 
upon the discharge of the same. 



172 TOWNS. 

Taxes, eic. § 2. The town council shall have power and authority 

to levy and collect taxes upon all propert}^, real and per- 
sonal, within the limits of said town, not exceeding one- 
half per centum, upon the assessed value thereof, and niay 
enforce the payment of the same by filing a certified state- i 
ment of the amount of such tax with the clerk of the 
county court of Clay county ; and the said clerk shall in- 
clude such amount in the tax warrant next issued by him 
for the collection of state and county taxes ; and the same 
shall be a lien on the taxable property of said town, and 
such tax shall be collected in the same manner as now pro- 
vided by law for the collection of state and county taxes. 

Appropriation:^. | 3. To appropriate money and provide for the payment 
of the debts and expenses of the town. 

General health. § 4r. To make regulations to secure the general health 
of the inhabitants of the town ; to prevent the introduction 
and spread of contagious diseases, and determine what 
shall be a nuisance, and provide for the punishment, remo- 
val and abatement of the same. 

Water. § ^- To providc the town with water to sink and keep 

in repair wells and pumps in the streets or parks for the 
convenience of the inhabitants. 

street improve- | 6. To opcu, alter, cxtcud, grade, pave, or otherwise 

"^^" ** improve streets and alleys, and remove obstructions there- 

from ; to erect and keep in repair bridges. 

Markets. § 7. To crcct market houses, to establish markets and 

market places, and to provide for the regulation thereof. 

Public grounds. § 8. To provide for inclosing, improving and regula- 
ting all public grounds belonging to the town. 

Auctioneers, § 9. To liccuse, tax, and regulate auctioneers, hawkers, 

s ow-?, etc. teamsters, brokers, draymen and pawn-brokers; to license, 
tax, regulate and suppress theatrical and other exhibitions, 
ball alleys, billiard tables, lotteries, shows and amuse- 
ments. 

Liquor;traffic. g 10. To prohibit the sale of any kind and description 
of ardent spirits, and suppress tippling houses, dram shops, 
gaming houses, bawdy houses, and other disorderly houses : 
Provided^ the town council shall have power to license and 
regulate the sale of spirituous liquors, ale and beer. 

Fires, etc. § 11- To providc for the prevention and extinguishment 

of fires; to organize and regulate fire companies, regulate 
the fixing of chimneys and the flues thereof, and to provide 
reservoirs of water at convenient places, to be used in case of 
fires. 

contbustibies. § 12. To regulate the storage of tar, pitch, rosin, gun 
powder, and other combustible materials. 

CensuB. § 13. To provide for taking enumerations of the inhabi- 

tants of the town. 

Elections. § 14. To regulate the election of town oflScers, and to 

provide for remcjving from office any person holding an 
ofiice created by ordinance. 



TOWNS. 173 

§ 15. To lix the compensation of town officers, and re- compensation 
gulate the fees of jurors, witnesses, and others, for services ^^ ^ffi*^®^'- 
rendered under this act or any ordinance : Provided^ that rroviso. 
the members of the town council shall not receive, for their 
services, more than one dollar per day. 

§ 16. To organize and regulate the police of the town ; Poiices.flnes, etc 
to impose fines, forfeitures and penalties for the breach of 
any ordinance, for the recovering and appropriation of such 
tines and forfeitures, and for the enforcement of such pen- 
alties: Provided^ that the right of trial by jury shall in no 
case be denied to any person charged with a breach of any 
of the provisions of this act or any ordinance. 

g 17. The town council shall have power to erect, with- caiaboose. 
in the town of Xenia, a calaboose for the confinement and 
punishment of persons guilty of violation of the ordinances 
of the corporation hereby created, and to erect all other 
needful buildings. 

§ 18. To require railroad companies to construct and Railroad cross- 
keep in repair suitable crossings at the intersections of '°^^' ^^*^' 
streets and alleys, when the town council shall deem neces- 
sary, and to regulate the speed of locomotives and engines 
within the town limits. 

§ 19. The town council shall have power to make and Necessary ordi- 
enforce all ordinances necessary to preserve good govern- 
ment, order and harmony in said town, and punish offend- c>ffenders. 
ers by fine or imprisonment, or both, in the town calaboose, 
or by work on the streets in said tow^n, at the rate of one 
dollar per day, in all cases where such offender shall fail or 
refuse to pay the fines and forfeitures which may be recov- 
ered against them : Provided^ that such ordinances are not 
inconsistent with the constitution of the United States or 
this state. 

§ 20. All ordinances passed by the town council shall, ^ofdSncTs. ^^ 
within five days after they shall have been passed, be 
published in some newspaper published in the town, or, if 
no newspaper, in such way as shall be provided by ordi 
nance ; and they shall not be in force until they shall have 
been published as aforesaid. 

§ 21. The style of the ordinances of the town shall be, style of. 
'-'Be it ordained by the Town Council of the Town of XeniaP 

§ 22. All ordinances of the town may be proven by the Proof of. 
seal of the corporation, and, when printed or published in 
book or pamphlet form, and purporting to be printed or 
published by the authority of the corporation, the same 
shall be received in evidence in all courts and places with- 
out further proof. 

ARTICLE VI. 

§ 1. The president shall preside at all meetings of the President, 
town council, and shall have the casting vote and no other. 



174 TOWNS. 



I 



He shall be, ex-officio^ a member of the board ot supervisors 
of the comity of Clay, and shall have the same powers as any 
other supervisor of said county, and receive the same compen- 
sation for the same services. In any case of his non-attend- 
ance at any meeting, the council shall appoint one of their 
number chairman, who shall preside at that meeting. The 
president or any two members of the council may call spe- 
cial meetings of the town council. 
Duti«3of. g 2. The president shall be active and vigilant in en- 

forcing the law and ordinances for the government of the 
town. He shall inspect the conduct of all the subordinate 
officers of the town, and cause negligence and positive vio- 
lation of duty to be prosecuted and punished ; and he is 
hereby authorized to call on any male inhabitant of said 
town, over the age of twentj^-one years, to aid in enforcing 
the laws and ordinances thereof; and any person who shall 
not obey such call shall forfeit and pay to said town a line 
not exceeding ten dollars. 

§ 3. He shall have power, whenever he may deem it 
necessary, to require of any officer of said town an exhibit 
of his books and papers, and shall have power to do all 
other acts required of him by any ordinance made in pur- 
suance of this act. 

ARTICLE VII. 

property'^^^fo? § 1- Whenever it shall be necessary to take private pro- 

pubiio purposes perty for opening or altering any public street or alley, the 
corporation shall make just compensation to the owner of 
such property, and pay or tender the same, before opening 
or altering such street or alley ; and in case the amount of 
such compensation can not be agreed upon, the police jus- 
tice shall cause the same to be ascertained by a jury of six 
disinterested free-holders of the town. 

owers'of.^ ^ § 2. When all the owners of property on a street or 
alley proposed to be opened or altered shall petition there- 
for, the town council shall provide for the opening or alter- 
ing of the same, but no compensation shall be allowed to 
such owner for their property so taken. 

^h'erein. "^'°^ § ^- ^H jurors cmpannelcd to inquire into the amount 
of benefits or damages which shall happen to the owners 
of property proposed to be taken for the opening or alter- 
ing of any street or alley, shall first be sworn to that effect, 
and shall return to the police justice their inquest, in wri- 
ting, signed by each juror, and the police justice shall keep 
a record of the same as in other cases : Provided, always, 
in the assessment of such damages, the jury shall take into 
consideration the benefits as well as the injury happening 
to the owner or owners of property proposed to be taken 
for opening or altering a street or alley, by such opening or 
altering. 



TOWNS. 



ARTICLE VIII 



17^ 



§ 1. The inhabitants of the town of Xenia are hereby Exemptioa from 
exempted Irom working on anyroad beyond the limits of »oad labor, 
the town, and from preventing any laborers to work on the 
same or paying a tax therefor. 

§ 2. The town council shall have power and it is here- street labor, 
by made their duty, when it may be necessary for the pur- 
purpose of keeping in repair the streets and alleys of said 
town, to require every able-bodied male inhabitant of said 
town, over twenty-one years of age and under fifty, to labor 
on said streets and alleys not exceeding three days in each 
year ; and any person failing to perform such labor, when 
duly notified by the street commissioner of said town, shall 
forfeit and pay the sum of one dollar to said town for each 
day so neglected or refused. 

§ 3. The town council shall cause to be published, an- Annual stau- 
nually, a full and complete statement of all moneys received ""®°*^- 
and expended during the preceding year, and on what ac- 
count received and expended. 

§ 4. All ordinances and resolutions passed by the presi- ordinances m 
dent and trustees of the town of Xenia, which are in strict 
conformity to the provisions ot the act to which this act is 
an amendment, shall remain in force until the same shall 
have been repealed by the town council hereby created. 

§ 5. All suits, actions and prosecutions instituted, com- suits and prose- 
menced or brought by the corporation hereby created shall *^"^'°°^* 
be instituted, commenced and prosecuted in the name of 
the town of Xenia, and all actions, fines, penalties and for- 
feitures which have accrued to the president and trustees 
of the town of Xenia, shall be vested in and prosecuted by 
the corporation hereby created. 

§ 6. All property, real and personal, heretofore belong- vested corpora- 
ing to the president and trustees of the town of Xenia, for ^^^ ^ °^" ^' 
the use of the inhabitants of said town, or their benefit, 
shall be and the same is hereby declared to be vested in the 
corporation hereby created. 

§ T. This charter shall not invalidate any act done by invalidation of 
the president and trustees of the town of Xenia, nor divest acts and powers 
them ot any rights which have accrued to them prior to the 
passage of this act : Frovided^ their acts have been con- 
formable to the act of which this act is an amendment. 

§ 8. The president and trustees of the town of Xenia Promulgation ot 
shall, immediately after the passage of this act, take meas- 
ures to promulgate this law within the corporate limits of 
the town of Xenia, and issue their proclamation for the 
election of officers, and cause the same to be published by 
posting up notices in six of the most public places in said 
town for ten days prior to the day of election of such 
officers. 



176 



TOWI^S* 



Police Jrnagis- 
trate — vacancy 



Treasurer. 



Clerk. 



Appeals. § 9. Appeals shall be allowed in all cases arising under 

the provisions of this act, or of any ordinance passed in 
pursuance of this act, to the circuit court of Clay county ; 
and every appeal shall be taken and granted in the same 
manner, and with like eflect, as appeals are taken from and 
granted by justices of the peace to the circuit court in simi- 
lar cases, under the laws of this state. 

§ 10. "Whenever the police magistrate or town constable 
shall remove from the town, resign, or die, or his office 
shall be otherwise vacated, the town council shall immedi- 
ately provide for filling such vacancy by an election. 

§ 1 1. It shall be the duty of the treasurer to receive all 
moneys due the corporation, giving only his receipt there- 
for, and pay out the same upon warrant of the town coun- 
cil, signed by the president and countersigned by the clerk. 
He shall keep in a well-bound book a fair account of all 
such receipts and payments, and shall report thereof to each 
regular meeting of the town council. 

§ 12. It shall be the duty of the town clerk to keep, in 
a well-bound book, a record of all the proceedings of the 
town council, and a faithful account of all its fiscal affairs ; 
, to file and carefully preserve all books, maps, records and 

papers relating to his ofiice and the corporation, and furnish 
duly attested transcripts therefrom, when required ; to draft 
and countersign all warrants for the payment of money ; 
to issue all licenses and permits, and give due notice of all 
elections, contracts and lettings, and all other matters 
requiring publication, when ordered by the town council ; 
and to perform what other duties may be required of him 
by the council. 
Officers' bonds, g i3_ ^hc president, treasurer, town assessor, street 
commissioner, and such officers as the town council may 
from time to time direct, shall, each, before entering upon 
his official duties, file with the town clerk his bond, in such 
amount and with such security as the town council may 
direct and approve, conditioned for the faithful discharge 
of all his duties under this act, and the rules, regulations, 
by-laws and ordinances of the town council, who may, at 
any time, for proper cause, order a new bond, with addi- 
tional-security and increased penalty. 

§ 14. No inhabitant or officer of said corporation shall 
for that cause be disqualified as a witness or juror, in any 
suit or proceeding wherein the corporation may be a party, 
or may be interested. 

§ 15. All actions for fines, penalties and forfeitures 
accruing for the l:>reach of any ordinance of said town shall 
be in debt. The ordinary process shall be by summons ; 
but in cases where the party complaining shall state, under 
oath, that he has good reason to believe the party accused 
is about to abscond or depart without the limits of the 
county, or has so absconded or departed, then the police 



Witnesses. 



Recovery 
fines, etc. 



of 



TOWNS. iTt 

magistrate may issue his warrant to bring the party accused 
forthwith before him, to answer such complaint; and the 
party accused shall remain in the custody of the ofticer 
until the suit is disposed of, and the line and costs, if any, 
imposed on him or her, be pixid, or otherwise discharged 
according to law : Provided^ the party accused shall have 
the right to enter into recognizance, with good security, as 
now provided by law ; and in default of such bail, the 
officer may commit the party to the calaboose for. safe keep- 
ing while the cause is not being tried. The recognizance 
shall be hied in the office of the police magistrate, and, in 
case of forfeiture, shall be transmitted by him to the clerk 
of the town council. 

§ 16. All moneys arising from tines, forfeitures and Disposition oi 
penalties, licenses, taxes and assessments, shall be paid to ™omSes!*efc* 
the treasurer, and go to the sole and exclusive use of the 
inhabitants of the town of Xenia, to be appropriated and 
expended by the town council for the advancement, im- 
provement and benefit of said town. 

§ 17. This act is hereby declared a public act, and may Evidence of act 
be read in evidence in all courts of law and equity in this 
state, without proof. 

§ 18. All acts or parts of acts coming within the pro- conflicting act* 
visions of this charter, or contrary to or inconsistent with ^«p^«'^''' 
its provisions, are hereby repealed. 

§ 19. This act to take effect from and after its passage. YoSeg'ai^"oteri^. 
This act shall be submitted to a vote of the legal voters of 
said town, at an election to be held for that purpose, on the 
first Tuesday in April, 1867. The tickets shall be indorsed, 
"for the act," or "against the act;" and if a majority of 
the votes are in favor of this act, it shall become a law, but 
not otherwise. Notice ot such election shall be posted up, 
by the clerk of said town, in at least three of the most 
public places in said town. 

Approved March 7, 1867. 



AN ACT to amend the cliarter of the town of Crotty. In force March 

6, 1867. 

Section 1. Be it enacted hy ilie People of the State of 
Illinois^ representefl in the General Assembly^ That j^art Amende.! ie«- 
of section nine (9), with reference to licensing of retail ^ '^"" 
liquor dealers, shall be amended to read "for a less sum 
than fifty dollars ($50) per year, nor for a greater sum than 
two hundred dollars ($200) per year ;" that the trustees of ^ 
said town shall have power to regulate, grade, plank, pave 

Yol. m— 23 



lT8 



toW^g. 



street improve- 
ment 



P rOTiso. 



Miscellaneous 
provisions— 
lio«nsei. etc. 



and improve the streets, public squares, alleys and side- 
walks ; to cause all streets and alleys laid out in said town 
to be opened, worked, graded, sewered, drained and im- 
proved, by giving twenty days' notice for the opening said 
streets or alleys ; to locate and vacate streets and alleys 
upon the petitioning of a majority of the property-holding 
legal voters residing on such streets or alleys to be located 
or vacated : Provided^ that upon locating or vacating any 
street or alley, said board shall hear and determine upon 
remonstrances, if any there be, and any person or persons 
owning property through [which] such streets or alleys may 
be located or vacated, may be redressed in damages, to be 
paid by the town when assessed by three disinterested par- 
ties, chosen as follows, to-wit : one by the board of trus- 
tees ; one by parties owning real property to be affected by 
the location or vacation of said street or alley; the third to 
be chosen by the two first chosen by said board of trustees 
and property holders; to build and keep in repair all 
bridges and sidewalks; to license, tax, and regulate auction 
eers, merchants, retailers, grocers, taverns, ordinaries, bank- 
ers, peddlers, brokers, pawn brokers and money changers ; 
to establish, support and regulate night watches ; to license, 
tax, and regulate hackers, carriages, wagons, carts and 
drays, and tix the rates to be charged for the carriage of 
persons, and for the wagonage, carriage and dray age of 
property ; to establish and maintain a fire department ; to 
appoint one or more lire wardens, whose duty shall be pre- 
scribed by ordinances; to regulate the fixing of chimneys 
and flues thereof; to regulate the election of city officers, 
and to provide for removing from oiSce any person holding 
an office created by ordinance; to fix the compensation, by 
fees, commissions or otherwise, of all town officers, and 
regulate the fees of jurors, witnesses and others, for services 
rendered u';der this act or any ordinance; to regulate the 
police of the town ; to impose fines and forfeitures and 
penalties for the breach of any ordinances, and to provide 
for the recovery and appropriation of such tines and forfeit- 
ures and the enforcement of such penalty. Tlie trustees 
shall tiave power to make all ordinances which shall be 
nece8>ary and proper for carrying into execution the powers 
specified in this act, so that such ordinances [arenotj repug- 
nant to nor inconsistent with the constitution of the United 
States or this state. All ordinances may be proven by the 
seal of" the corporation, and when printed and published in 
book form, purporting to be published by authority of the 
corporation, as in force, the same shall be received in evi- 
dence in all courts and places, without further proof. This 
act shall be submitted to the legal voters of the said town of 
Crotty at the next election held in said town after the passage 
of this act, and if the majority are in favor of the same, it 
shall become a law, but not otherwise. The tickets shall be 



TOWNS. 179 

endorsed "for amendments," or^againstamendments.'' The 
result of said election shall be certiHed by the inspectors of 
election to the clerk of said town. This certificate of such 
result shall be evidence in all courts and places of the truth 
of the same. 

Appkoved March 0, 1867. 



AN ACT to incorporate the tovrn of Onarga, in Iroquois county. la force M«rofe 

9, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ 'represented in the General Assembly^ That the in- 
habitants of the town of Onarga, in the county of Iroquois, 
and state of Illinois, be and the same are hereby constitu- 
ted a body corporate and politic, by the name and style of Name and style. 
"The Town of Onarga," and by tha"" name and style shall 
have perpetual succession, and may have and use a common 
seal, which they may alter at pleasure, and in whom the 
government of the corporation shall be vested, and by 
whom its affairs shall be managed. 

§ 2. The boundaries of said town shall be as follows, Boundariei. 
to- wit : Commencing at the northeast corner of fractional 
section nineteen (19,) town twenty-six (26) north, of range 
eleven (11) east of the third principal meridian ; thence run- 
ning west on the section line to the northwest corner of the 
northeast quarter of section twenty-four (24:,) town twenty- 
six (26) \\Q< th, of range ten (10) east of the third principal me- 
ridian ; thence running south on the half section line to the 
southwest corner of southeast quarter of the same section ; 
thence east on the section line to the southeast corner of 
fractional section nineteen (19,) of town twenty-six (26) 
north, of range eleven (11) east of third principal meridian ; 
thence north on section line to the place of commencing. 

§ 3. The inhabitants of said town, by the name and Powers, 
style aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, defend and be defended, answer 
and be answered unto, in all courts of law and equity in 
this state, in all actions whatever ; to purchase, receive 
and hold property, real and personal, within or beyond the 
corporate limits of said town, for burial grounds and other 
public purposes, for the use and benefit of the inhabitants 
of said town ; to sell, lease, or otherwise dispose of the 
property, real and personal, of said town, for the use and 
benefit of the same, and to improve and protect such prop- 
erty, and to do all other such acts and things in relation 
thereto that natural persons might do : Provided^ no lands 
shall be sold by them which has been conyeyed to or is held 






180 TOWNS. 

by the corporation for streets, alleys, lanes, public grounds 
or squares. 

Trusteej. ^ 4. The Corporate powers and duties of said town shall 

be vested in live trustees, who shall constitute a board for 
the transaction of the business of said town ; and the per- 
sons who are now trustees of said town, holding their 
offices under and by virtue of the general law of this state 
for the incorporation of towns and cities, shall be deemed 
to hold their offices under and by virtue of this act, until the 
hrst Monday of March, in the year of our Lord one thou- 
sand eight hundred and sixty-seven, and until their succes- 
sors are elected and qualified. 

EUcjtioa oi ofti- § 5. Qu the tirst Monday of March, in the year of our 
Lord one thousand eight hundred and sixty-seven, and ever 
afterwards on the first Monday of March, in each and every 
year, an election shall be held in said town of Onarga, for 
the election of five trustees, one constable, one treasurer, 
one assessor, and one collector of said town. The persons 
so elected shall be citizens of the United States and of this 
state ; and shall have actually resided within said town one 
year next preceding their election, and shall hold their 
offices for the term of one year, and until their successors 
are elected and qualified, unless sooner removed by death, 
resignation or otherwise, as provided by this act or the or- 
dinances of said town. 

Notice of eiec § 6. The iucumbeut board of trustees shall give ten 

^''°' days' previous notice of any and all elections to be held 

under the provisions of this act or any ordinances of said 
town, by posting up notices, in writing, in at least three 
public places in said town, or b}^ publication in some news- 
paper published therein. Said notice shall specify the time 
and place of holding such election, the hour of the day at 
which the polls shall be opened, and the hour at which they 
shall be closed. The voters who may be present at the 
time and place specified for holding any such election, shall 
at the hour specified for the opening of the polls, appoint, 
by acclamation, three of their number to act as judges of 

Judgen— clerks such election, and the said judges shall appoint two clerks of 
said election. Said judges and clerks, before entering upon 
the duties of their offices, shall qualify in the same manner 
as is required of judges and clerks of election for state and 
county purposes. All such elections shall be by ballot, and 
all persons who by the laws of this state are entitled to vote 

quaiificaiiousof for State and county officers, and who shall have been 
^°*®"" actual residents of said town six months next preceding 

such election, shall be entitled to vote thereat ; and all cases 
of contested elections, under this act, shall be tried and de- 
termined by the police magistrate of said town in such man- 
ner as may be provided by ordinance. 



TOWNS. 181 



POWERS AND DUTIES OK THK BOARD OF TRUSTEES. 



g 7. The trustees elect, before entering upon the duties uath of office, 
of their offices, shall take and subscribe an oath to support 
the constitution of the United States and this state, and 
that they will, to the best of their abilities, faithfully dis- 
charge the duties of their office. They shall hold at least lyeguiar maet- 
one regular meeting every three months, and shall at their e°c.^' p""*"'*^"* 
Urst meeting after their election, appoint on« of their num- 
ber president. A majority of said trustees shall constitute 
a quorum to do business ; but a smaller number may ad- 
journ from day to day and compel the attendance of absent 
members, in such manner and under such penalties as may 
be by ordinance provided. Said board may make such 
rules and regulations as to them may seem proper ; thev vacancies. 
shall have power to fill vacancies, by appointment, in the 
board of trustees, occasioned by death, removal, resignation 
or continual absence from their regular meetings for the 
term of three months, or otherwise. They may punish Punishment or 
their members, or other persons for disorderly conduct be- ''^^"^^®"' 
fore the board while in session, and by a vote of four-fifths 
of all their members they may expel a member for good 
cause shown ; and they shall have power to remove from 
office (by a vote of four-fifths of all their members,) any 
subordinate officer of said town, who holds his ofifice by 
appointment of the board of trustees of said town. 

§ 8. . They shall liave power, and it shall be their duty officers. 
to appoint a clerk, one or more street commissioners, and 
such other officers as may be necessary for carrying into 
effect the provisions of this act, and the ordinances of said 
town, and to require all officers to take an oath that they 
will support the constitution of the iTnited States and of 
this state, and will faithfully and to the best of their abili- 
ties discharge the duties of their officss, to give bond with 
sufficient security, to be approved by said board of trustees, 
well and truly to perform the duties of their respective 
offices ; all such bonds to be given to said incorporation by 
its corporate name. 

§ 9. They shall have power and authority to levy. Taxation, 
assess and collect taxes upon all property, real and personal, 
within said town, which is subject to taxation for state and 
county purposes, not exceeding one dollar annually on the 
hundred dollars of the assessed valuation thereof; and they 
may assess and enforce the collection of such taxes by any 
ordinance or Ordinances not repugnant to the constitution 
of this state or the United States. They shall have power Appiopriationf. 
to appropriate money, and to provide for the payment of 
the debts and expenses of the incorporation. 

§ 10. The board of trustees shall have power to borrow indebtednes«. 
money on the credit of the town : Frovided^ that the 



182 



TOWNe 



Funds — penal- 
ties for wrong- 
fill conTcrsion, 



General health. 



Street repairs. 



Street labor, 



Drains, etc. 



^Vatcr. 



License, tax and 
regulate auc- 
tioneers, mer- 
chants, etc. and 
prohibit gam- 
oling, etc. 



amount of the money borrowed and the indebtedness of the 
incorporation on account of money loaned, shall at no time 
exceed three per cent, on the assessed valuation of property 
in said town, and at a rate of interest not exceedino^ ten 
per cent, per annum. 

§ 11. Any member of the board of trustees knowingly 
voting in favor of any misapplication or wrongful conver- 
sion of the funds or personal property of the town, shall be 
personally liable to the town in an action on the case for 
the amount so :iiisapplied or converted, and costs. 

§ 12. They shall have power to make regulations for 
securinj^ the fi^eneral health and comfort of the inhabitants 
of said town ; to define and declare what shall be consid- 
ered a nuisance, and to provide for the prevention, removal 
or abatement of the same, and to provide for the punish- 
ment of the authors thereof by fines, penalties or nnprison- 
ment in the county jail of Iroquois county or by both such 
fine and imprisonment, and to authorize, direct and enforce 
the summary abatement of any such nuisance or nuisances. 

§ 13. They shall have power, and it shall be their duty 
to cause all streets, alleys and public roads within said 
town to be kept in good repair, Miid for that purpose they 
may require every male resident of said town, over the age 
of twenty-one years and not exceeding fifty years, to labor 
thereon not exceeding three days in each and every year, 
or to pay, at the time of being notified to work, the sura of 
one dollar for every day's labor required of him ; and if the 
money and labor performed and received be not sufiicient 
for that purpose, they shall appropriate so much from the 
general fund of the corporation as may be necessary therefor; 
and the inhabitants of said town shall be exempt from 
working on any road outside of the same. 

§ 14. They shall have the power to drain or cause to be 
drained any slough or pond within the limits of said town, 
and tax the land upon which such slough or pond is situa- 
ted, to defray the expense of such drainage. 

;^ 15. They shall have the power to provide the town 
with water ; to sink and keep in repair public wells ; and 
to erect and keep in repair such public buildings as the 
necessities of the town may require ; and provide for the 
inspection and weighing of hay and stone coal, and the 
measurement of wood to be used in said town. 

§ 16. They shall have the power to license, tax and 
regulate auctioneers, merchants, family grocery stores, eat- 
ing houses, hawkers and peddlers ; and to regulate the 
fixing of chimneys and the fines thereof; also, to regulate 
the storage of gun powder and other combustible materials 
in said town ; to restrain and prohibit every description of 
gambling and fraudulent devices; and to suppress and pro- 
hibit gambling houses, bawdy houses, houses ,of ill fame, 



'rowNS. ISS 

and other disorderly houses within said town and one mile 
from the limits of said town. 

§ 17. They shall have the power to tax, license and regu- Exhibitions, ri. 
late or suppress and prohibit all exhibitions of common ^^'" ray^-ec 
showmen, shows of every kind, caravans, circuses and ex- 
hibitions, and amusements of every kind, unless gotten up 
in said town by the citizens of said town. They shall have 
power to provide for the arrest, trial and punishment of 
persons who may be guilty of any assault, assault and bat- 
tery, affray, routs, riots, disturbing the peace of the inhabi- 
tants or of any public meeting, whether religious or other- 
wise, of said town ; or disorderly assemblages of any kind 
within tjie limits of said town ; lo prohibit and impose pen- 
alties on the authors thereof, or any indecent exposure of 
person or dumb beast to public view, or the public use of 
indecent or obscene language, or the exposure to public 
view of any indecent or. obscene picture or publication with- 
in said town. 

§ 18. They shall have the power to prevent the run- do§b at large— 
ning at large of dogs, and to provide for the destruction of bus^^iea. *'*'™' 
the same when found at large, contrary to the provisions of 
any ordinance in such cases made and provided; to prevent 
the firing of squibs, guns, rockets or other fire works or 
combustibles within said town. 

§ 19. They shall have power to prevent the incumber- street eacum- 

o t/ ^ L x brsiticcs etc* 

ing of any street, lane, avenue, road, alley or public ground 
of said town ; to protect shade trees ; to compel persons to 
fasten horses, mules or other animals attached to vehicles 
or saddled or bridled for use, while standing in any street, 
lane, road, alley or uninclosed lot within said town : to 
prevent horses, cattle, sheep, hogs or other animals from Auimaisaturg* 
running at large in said town ; and to provide for distrain- 
ing and impounding any such animal or animals, and the 
sale thereof to satisfy costs and charges and penalty or pen- 
alties incurred under any ordinance of said town ; to pre- Riding anddri- 
vent racing within said town with horses or other animals ; 
to prevent any immoderate riding or driving of horses or 
other animals within said town ; and also to prohibit and 
punish the abuse of any and all animals within said town. 
, § '20. The said president and trustees of the town of Liquor traffic. 
Onarga shall have and exercise complete and exclusive 
control, as hereinafter provided, over the selling, bartering, 
exchanging, giving away, or in any manner trafficking in 
any spirituous, vinous and malt liquors of any kind within 
the limits of said town ; and may, by ordinance, declare any 
such selling, bartering, exchanging, giving away or traffick- 
ing in any manner in any spirituous, vinous or malt liquors 
within the corporate limits of said town, and the place or 
places where the same is carried on, or either of them, a 
nuisanj|e, and shall have and exercise the same power and 
authority to provide for the prohibition or prevention, re- 



184 



l-OWNgi 



Founderies, liv- 
«ry stabUs, of- 
fensive estab- 
lishments, etc. 



moval or abatement of any such nuisance or nuisances, and 
for the punishment of the authors thereof, as they have and 
may exercise by virtue of section twelve of this act in the 

Proviso. case of other nuisances : Provided^ that they shall allow 

hona fide druggists to sell the same in good faith for purely 
medicinal, mechanical or sacranjental purposes, and not for 
any other purpose : Provided^ they shall not impose any 
fine by authority of this section of more than fifty dollars 
for any one ofiense, or any penalty in the county jail of 
more than thirty days for any one offense. 

Vagrants, etc. § 21. They shall have power to restrain and prohibit 
vagrants, mendicants, beggars and prostitutes, and to pro- 
vide for the arrest and punishment of any person or per- 
sons found intoxicated in any street, alley or other public 
place in said town. 

§ 22. They shall have power to direct the location and 
regulate the construction and management of blacksmith 
shops, founderies, livery stables and packing houses ; to 
direct the location and regulate the construction and man- 
agement of, or to restrain, abate and prohibit, within said 
town and to the distance of one mile from the limits thereof, 
breweries, distilleries, slaughtering establishments, estab- 
lishments for rendering lard, tallow^, oftal and such other 
substances as may be rendered or tried, and other estab- 
lishments or places where nauseous, offensive or unwhole- 
some business may be carried on. 

Fires, etc. § 23. They shall have power to make such regulations 

for the prevention and extinguishment of fires, and shall 
have the charge and control of the same. They shall also 
have power to organize fire, hook, hose, axe and ladder 
companies, and to make rules and regulations for the gov- 
ernment of the same. 

§ 24. They shall have power to enlarge the boundaries 
of said town by ordinance : Provided^ that they shall not 
pass any ordinance for enlarging the boundaries of said 
town, until they shall have submitted the question of such 
proposed enlargement to a vote of the qualified voters of 
said [town,] and all the legal voters residing within such 
proposed enlargement, and shall have been authorized, by 
a majority of such persons voting at such election, to make. 
such enlargement. 

§ 25. They shall have power to make all ordinances 
which may be necessary and proper for carrying into effect 
the powers and authority conferred on them by the provis- 
ions of this act, or which may be necessary for the better 
regulation of the internal police of said town, not inconsis- 
tent with the constitution of this state, or of the United 
States, and to cause the same to be executed. They shall 

Fines, etc. also have power to impose fines and penalties for the breach 
of any law or ordinance of said town, or of any provision , 
of this act, and to provide for the recovery and enforcement 



Enlargement of 
boundaries. 



Necessary ordi- 
naneea. 



TOWNS. 185 

of any such lines and penalties: Provided^ that in no Proviso. 
case shall any fine for any one offense exceed the sum of 
one hundred dollars, nor shall they impose a penalty of 
imprisonment in the county jail, for any one offense, of 
more than six months. 

POWERS AND DUTIES OF THE PRESIDENT. 

§ 26. The president shall preside at all meetings of the President, 
board, when present ; and in case of his absence from any 
meeting, the members of the board present shall appoint 
one of their number chairman, who shall preside at that 
meeting. The president, or any two members of the board, 
may call special meetings of the board. The president . 
shall be active and vigilant in enforcing the laws and ordi- 
nances for the government of said town. He shall inspect 
the ofiicial conduct of all subordinate officers, and cause ' 
negligence or willful violation of duty to be punished. He 
shall have power and authority to call on all male inhabi- 
tants of said town to aid in enforcing the laws and ordi- 
nances of said town ; and any and every such person who 
shall neglect or refuse to obey such call shall forfeit and 
pay to said town the sum of not less than five dollars nor 
more than twenty-five dollars. He shall have power, when- 
ever he may deem it necessary, to require of any ofiicer of 
said town a written exhibit ot his books and papers ; and 
shall have power, and it shall be his duty, to do all other 
acts and things that may be required of him by the laws 
and ordinances of said town. 

MAGISTRATES AND CONSTABLES. 

§ 27. The present police magistrate of said town of Police magis- 
Onarga, holding his ofiice under and by virtue of the gene- '* ^' 
ral law of this state for the incorporation of towns and 
cities, shall be deemed to hold his ofiice under and by vir- 
tue of this act, until the expiration of his term of office. 
At the first election under this act for trustees of said town, 
after the expiration of the term of office of the present 
police magistrate of said town, and every four years there- 
after, there shall be elected a police magistrate of said town, 
who shall be, ex officio, a justice of the peace for the county 
of Iroquois ; and he shall qualify in the same manner, and 
be subject to the same penalties, that are provided by the 
general laws of this state for other justices of the peace. 
He shall hold his office for the term of four years, and until Term of oflsce. 
his successor shall be elected and qualified. He shall pos- 
sess and may exercise all the powers, jurisdiction and 
authority that other justices of the peace of the county uf 
Iroquois might have and exercise in similar cases. 

§ 28. Said police magistrate shall be a conservator of jurisdiction. 
the peace for said town of Onarga, and shall have exclusive 

Yol. Ill— 24 ' - 



186 



TOWNS. 



original jurisdiction, except as liereinafter provided, in all 
cases arising out of or under the laws and ordinances of 
said town, or this act, and shall in all cases possess and 
may exercise all the rights, powers and -authority now con- 
ferred on police magistrates by the law^s of this state. 

Vacancy. "Whenever, after the passage of this act, there shall occur a 

vacancy in the office of police magistrate of said town, the 
board of trustees of said town shall, w^ithin twenty days 
from the occurring of any such vacancy, call an election to 
fill the same ; and the person so elected shall hold his office 
until his successor shall be elected and qualified. 

Fees, etc. § 29. He shall in all cases be entitled to the same fees 

and emoluments as ma}^ be provided by ordinance. In 
'case of the absence of said police magistrate, or his ina- 
bility, any justice of said county of Iroquois, having an 
. office in said tow^n, shall have the same jurisdiction, pow- 
ers and authority, under the laws and ordinances of said 
town, as the said police magistrate possesses in like cases. 

Rules of pro- The Tulc of practice and proceedings in all cases arising 
cee mgs. ^^^^ ^^ ^-^^ ]^ws> and Ordinances of said town shall conform 
to the practice and proceedings before other justices of the 
peace, except when such rule and proceeding shall be 
changed or modified by the laws, ordinances or charter of 
said town, in which case the rule of practice or proceeding 
shall conform to the rule prescribed by such laws, ordinances 
or charter. 

changeofvenue § 30. In all cascs arising under an}'' ordinance of said 

appea . j^Q^rj-j^ qp under this act, changes of venue and appeals shall, 

when applied for, be allowed to the circuit court of said 

county of Iroquois, in the same manner as is provided in 

Proviso. other cases before justices of the peace : Promded^ that 

in all cases arising out of any ordinance of said town, or 
under this act, if either party wishes to appeal, he or they 
shall give notice, in writing, thereof, to the justice of the 
peace before w^hom the case was tried, on the day of the 
trial thereof, and shall file the necessary appeal bond with 
such justice of the peace within five days from the day of 
such trial. 

Constable. § 31. The town constable of said town shall qualify in 

such manner as the board of trustees may, by ordinance, 
prescribe, and shall have power and authority to execute 
all warrants and other process issued by the police magis- 
trate of said town, or any justice of the peace of said 
county of Iroquois. He shall have and may exercise, in 
all cases, the same powers and authority that are given to 
other constables of said county by the laws of the state of 
Illinois, and shall be entitled to such fees for his services as 
may be prescribed by ordinance, and shall, in all cases of 
non-feasance and misfeasance of duty, be subject to the 
same penalties and liabilities that are provided by the laws 
of the state of Illinois for other constables in like cases. 



TOWNS. 187 

§ 32. In all cases arising under the laws or ordinances Processes. 
of said town, any constable of the county of Iroquois shall 
have the same right, power and authority to serve or exe-. 
cute any process issued therein, original or otherwise, that 
the said town constable would possess. Whenever the 
constable of said town shall see any person or persons 
engaged in any assault, assault and battery, riot, rout, 
affray, disturbing the peace of the inhabitants of said town, 
disturbing any public meeting, religious or otherwise, or 
unlawful assemblages of any kind, within said town, it shall 
be his duty to make immediate arrest of such person or Arrests, 
persons, on view, without warrant ; and in all such cases, 
any constable of the county of Iroquois shall have the 
same power of arrestino^ without warrant as the said town 
constable in such cases would possess ; and in such cases of 
arrest without warrant, the constable making such arrest 
shall forthwith take such person or persons before the police 
magistrate of said town, or, in case of his absence or ina- 
bility to act, before any justice of the peace having an ofhce 
in said town, and shall inform such police magistrate or 
justice of the peace of the nature of the offense for which 
such person or persons were arrested ; and the police magis- 
trate or justice of the peace shall thereupon institute a suit 
against such person or persons, and proceed therein, in all 
respects, the same as if such person or persons had been 
arrested and brought before him under warrant duly issued. 
The said town constable shall faithfully perform all other 
acts and duties required of him by the laws and ordinances 
of said town. 



MISCELLAXEOrS PRU VISIONS. 

§ 33. The board of trustees shall prescribe, by ordi- '^^°^'^ nsatfon 
nance, the compensation to be received by all officers of ^^^^^^ 
said town. 

§ 34. Until the board of trustees of said town of Onarga collection of 
shall provide, by ordinance, for enforcing the collection of *^^^^" 
taxes due said town, the same^ shall be collected in the man- 
ner provided in the ninth section of an act entitled "An act 
to incorporate towns and cities," approved February 10th, 
1849, for the collection of other corporation taxes. 

§ 35. All prosecutions under the laws and ordinances Prosecutions, 
of the town of Onarga, for assaults, assaults and batteries, 
affrays, riots, routs, disturbing the peace of the inhabitants 
of said town, disturbing any public meeting, religious or 
otherwise, unlawful assemblages of any kind, and in cases in 
which the penalty, by the laws or the ordinances of said town, 
is imprisonment in the county jail of said county of Iro- 
quois, shall be, except in cases of arrest without warrant, as 
hereinbefore provided, commenced by complaint and war- 
rant, in the same manner prescribed by the laws of the state of 



188 



TOWNS. 



• Illinois for the regulation of criminal proceedings in jus- 
tices' courts; and in all such cases, the rules of practice and 
proceedings shall be the same as prescribed in such cases, 
for justices' courts, by the laws of this state, except when 
the laws and ordinances of said town prescribe new rules 
or different rules of practice or proceedings, in which case 
the rule of practice or proceeding shall conform to the rule 
prescribed by the laws or ordinances of said town. 

^"e^pLaities ^ ^^' ^^ ^^^' ^^^^^' ^^^^^ ^^^^ violating the laws or ordi- 
etc. nances ot said town, the penalties or penalty therefor shall 

be recovered by action of debt in the name of " The Town 
of Onarga," and in all such actions of debt the first process 
shall be by summons, to be issued, served and returned as 
other summons, in actions of debt issued by justices of the 
peace of said county of Iroquois, unless some competent 
person shall before the commencement of any such action 
of debt, file with the police magistrate or justice of the 
peace before whom such suit is about to be comm.enced, an 
affidavit accusing the person or persons about to be sued 
with some one or more violation of the laws or ordinances 
of said town, specifying such offense or offenses, and stating 
that he or she verily believes that unless the person or per- 
son so accused shall be forthwith arrested and brought to 
trial there is danger that the penalty or penalties in such 
case will be lost, and specifying the facts on which such 
belief is founded, in which case, if the said police magis- 
trate or justice of the peace shall be of the opinion that 
there is reason to believe that the opinion set forth in such 
affidavit is correct, he may issue a warrant against the per- 
son or persons so accused, causing him, her or them to be 
forthwith arrested and brought before him ; and when the 
accused shall be brought before him he shall proceed at 
once to the trial of such suit, which shall be by action of 
debt for the recovery of the penalty or penalties attached 
to the offense or offenses specified in the affidavit aforesaid, 
and if the defendant or defendants shall be found guilty, 
jointly or severally, of any one or more of the offenses spe- 
cified in said affidavit, judgment shall be entered for the 
amount of fine assessed and the cost of suit as in other 
cases. 

Debt for offen- a 0/7 7 11 i' ^ i 1 n ^ 

ses conimiited. ^, o i - in all actions 01 debt for offenses committed 
against the laws or ordinances of said town, it shall be law- 
ful for the plaintiff in the same suit to allege, prove and re- 

roTiso. ^^^^ygj. ^-^j. ^j^y number of ofienses of the same nature : Pro- 

vided, that the amount recovered sliall not in any case ex- 
ceed one hundred dollars. All fines or penalties received 
or collected for any violation of the laws or ordinances of 
said town shall, by the person or persons receiving or col- 
lecting the same, be paid into the treasury of said town. 
Security-coBis. g 38. The president and trustees of said town shall not, 
in any suit in which they are concerned for the violation of 



TOWNS. 189 

any law or ordinance of said town, either before the com- 
mencement or during the pendency thereof, be compelled 
to give any security therein for costs. The president or 
trustees or other officer of said town shall be a competent 
witness for either party in any suit for the violation of the 
laws or ordinances of said town. 

§ 39. Upon the rendition of any judgment for a breach Judgments and 
or of any law or ordinance of said town, the police magistrate ^^^^'^'^'°°"^- 
justice of the peace rendering such judgment shall forthwith 
issue an execution for the amount of such judgment and 
costs of suit, which may be levied upon and collected out 
of any property of the defendant or defendants not exempt 
from execution by the laws of the state of Illinois. But if 
the constable having such execution shall return thereon 
that he can not find sufficient property of the defendant or 
defendants, not exempt from execution, to satisfy such exe- 
cution, or if the defendant or defendants are transitory, 
then the said police magistrate or justice of the peace shall 
issue a capias against the body or bodies of the defendant 
or defendants, and the constable shall immediately arrest 
and convey him, her or them to the jail of the county of 
Iroquois, there to remain forty-eight hours if the fine and 
costs amount to five dollars, and twenty-four hours for every 
additional sum of two dollars : Provided^ hoioever^ that if 
the president and trustees of said town, or their attorney, 
shall require a transcript of the judgment and costs to be 
certified to the clerk of the said county of Iroquois, to have 
the same levied upon real property, and shall signify the 
same to such police magistrate or justice of the peace, he 
shall not issue a capias^ as aforesaid, but shall, without de- 
lay, certify a transcript thereof, according to law, to said 
clerk, which shall be filed and recorded as in other cases ; 
and such judgment shall have, from the date of filing such 
transcript, the same force and eftect as judgments rendered 
in the circuit court of said county in civil cases : Provided^ 
that if the defendant or defendants shall, in any case arising 
under the provisions of this act or any law or ordinance of 
said town, as hereinbefore provided, signify his, her or 
their intention of appealing, and shall file the necessary ap- 
]>eal bond, within the time required, the police magistrate 
or justice of the peace shall, if he approve such appeal bond, 
order the return ot any property that may have been taken 
under execution to satisfy such judgment. 

§ 40. Whenever it shall become necessary to take pri- Taking prirate 
vate property for opening or altering any public street or puTucuse. 
alley, the corporation shall make a just compensation to the 
owner or owners of such property, and pay or tender the 
same before opening or altering such street or alley, or 
before taking private property for any public use ; and in 
case the amount of such compensation can not be agreed 
upon, the police magistrate shall cause the same to be as- 



190 TOWNS. 

certained by a jury of six disinterested freeholders of sai( 
town. All jurors impanneled to ascertain the amount oi 
damages which shvall be allowed to the owner or owners oi 
any property that is about to be taken for any public pur- 
pose, shall first be sworn to examine the property in ques- 
tion, and after carefully considering both the advantages' 
and disadvantages that will probably accrue to the owner 
or owners thereof by such taking and the proposed use of 
such propert}", they shall within ten days make out their 
verdict, in writing, (signed by each of said jurors,) to the 
police magistrate of said town, assessing to such owner or 
owners such damages as they think just. Said police magis- 
trate shall file and docket such verdict, and shall forthwith 
cause the president and trustees, or their attorney, and 
owners of property included in such verdict, to be notified 
ol the contents of the same. The said police magistrate 
may at any time within ten days of the filing of such ver- 
dict, for good cause shown, set aside such verdict and grant 
a new inquest of damages. If either party shall be dissat- 
isfied with the verdict of the second inquest, they shall be 
allowed an appeal to the circuit court of the county of Iro- 
quois. When any such verdict, not exceeding the sum of 
one hundred dollars, shall be filed with the police magis- 
trate and entered on his docket, unless set aside or appeal- 
ed from, it shall be a judgment against the said town of 
Onarga, in favor of such owner included therein, for the 
amount of damages thereby assessed to him ; and in case 
the sum assessed to the owner exceed one hundred dollars, 
the said police magistrate shall, on application of the per- 
son entitled thereto, certify to the clerk of the circuit court 
of Iroquois county a full and complete transcript of the 
proceedings and verdict in such case, which shall be filed 
and recorded by the clerk of said court in the same manner 
as other transcripts from justices' dockets, and shall, from 
the time of such filing, have all the force and efitect in favor 
of the person or persons entitled to such damages as a judg- 
ment obtained in said circuit conrt. 
Ordinances in c< 42. All Ordinances and resolutions heretofore passed 
by the president and trustees of the said town of Onarga, 
which are not inconsistent with this act, shall be and re- 
main in full force and eifect until the same shall be repealed 
by the board of trustees hereby created, and all actions, 
fines, penalties and forfeitures which have accrued to the 
president and trustees of said town, or which may accrue 
to them prior to the taking eft'ect of this act, shall be vested 
in and prosecuted and recovered by the corporation hereby 
created. 
Property vested g 43. All property l)elonging to the president and trus- 
in corpoia ion. ^^^^ ^^j- ^j^^ towu of Onarga, for the use of the inhabitants of 
said town, shall, upon the taking efi:ect of this act, be vested 
in the corporation hereby created, and this act shall not in- 



TOWNS. 191 



lerk's duties. 



validate auy act done by said president and trustees, nor 
divest them of any rights whicli may liave accrned to them 
prior to the passage of this act. 

§ 42. In all cases arising under the laws and ordinances setting aside of 
ot said town, either before the police magistrate of said town ^^^^'^t«- 
or any justice of the peace of the county of Iroquois, the 
court shall, for good cause shown, have power to 'set aside 
the verdict of the jury and grant a new trial of the case : 
Provided^, the application for setting aside the verdict shall Proviso. 
be made when such verdict is returned into court. 

§ 43. The president and trustees shall require their ci( 
cJerk, and it shall be his duty, to make and keep a full and 
taithtul record of all their proceedings, by-laws and ordi- 
nances, and of the time, place and manner of the publication 
ot such ordinances and by-laws, in a book to be provided 
tor that purpose ; and such book, purporting to be the re- 
cord book of the corporation of the town of Onaro-a, shall 
be received m all courts, without further proof, as evidence 
ot the matters therein contained; and all ordinances, acts, 
resolutions, by-laws and other things pertaining to and 
concerning the present corporation of the town of (3naro-a, 
shall be sufficiently proven in any court of law and equTty 
m the state of Illinois by the production, in such conrt, of 
the book or books in which the same is or are recorded if 
such book or books purport to be the record book or books 
ot said corporation; and all ordinances and by-laws herein- 
after passed by the board of trustees of said town, before 
taking eftect, shall be published at least ten days in some 
newspaper published in said town, or by posting up copies 
ot the same m at least three public places in said town, and 
shall be signed by the president and clerk of the board and 
authenticated by the common seal of the corporation, and 
shall be written out in full on the record book or books of 
the said corporation, and shall be signed thereon by the 
president and clerk of the board of trustees, with their own 
proper signatures; and said clerk, at the time of making ^ ., 
such record entry, shall attach thereto the common seal of 
the corporation, and shall also note the date of the adoption 
and of the publication, and the time of taking effect thereof. 

fe 44. This act is hereby declared to be a public act, and 
may be read m evidence in any and all courts of law and 
equity m the state of Illinois, without proof.* This act shall 
take effect and be in force from and after its passae'e 
Approved March 9, 1867. 



lence of act 



192 



TOWNS. 



Taxation. 



la force March AN ACT to amend an act entitled "An act to incorporate the town of De 
8, 18C7. Kalb,". approved February 21 , 1861. 

Section 1. Be it enacted hy the Feojple of the State of 
Illinois^ represented in the General Assembly^ That the board 
of trustees of said town may, annually, by special ordi- 
nance, levy a tax, not exceeding three per cent, upon the 
assessed value of all the taxable property, both real and 
personal, within the corporate limits of said town, in lieu 
of all other assessments ; and, upon the passage of such ordi- 
nance, the clerk of the board shall transmit a duly certified 
copy thereof to the clerk of the county court of DeKalb 
county, and, also, a list of the names of all persons, within 
said town, listed for assessment for personal estate, with a 
description of the lands within the corporate limits of said 
town, on or before the first day of September of such year ; 
on receipt of which the said clerk of the county court shall, 
in a separate column, extend on the tax-book of the township 
of DeKalb, for that year, on all the personal and real estate 
within said corporate town, the rate specified in said certifi- 
cate, for which service he shall be entitled to two cents for each 
tract and name on which said tax is so extended — to be paid 
by said town ; and the collector of taxes for the township of 
DeKalb shall collect the same at the same time and in the 
same manner as the state and county taxes are collected, 
with the same powers in relation to the enforcement of the 
same ; and, when so collected, shall pay the same to the 
treasurer of said town, after deducting, for his fees, the same 
rate per cent, allowed by law for collecting state and county 
taxes ; and upon the return, by the collector, of the non- 
payment of any such tax, the revenue laws of the state, in 
force, shall apply and be in force the same as to all other taxes 
or lands returned to the county treasurer as delinquent, for 
the non-payment of taxes. The office of collector for the 
said town is hereby abolished. 

§ 2. The board of trustees of said town shall not grant 
any license to extend beyond the term for which they were 
elected, but all licenses shall expire on the day for the an- 
nual election of trustees of said town ; nor shall any licensQ 
be granted for a less sum than at the rate of three hundred 
dollars per annum. 

No board of trustees shall grant a license to any 
person to keep a grocery or saloon for the sale of any kind 
of spirituous, intoxicating or mixed liquors, ale, beer or 
wine, when said saloon or grocery shall be located on Main 
or Depot streets, or upon the streets or alleys next adjoin- 
ing either of said streets, on the north or south, between 
First and Fourth streets, nor upon any street crossing Main 
or Depot streets, between First and Fourth, for the distance 
of two blocks, each way, from said Main or Depot streets. 



LtcAnses. 



Liquor licenses. § 



TOWNS. 1^3 

Any person selling or giving away any spirituous or intoxi- 
cating or mixed liquors, ale, beer or wine within the limits 
aforesaid, shall be subject to all the penalties of the laws of 
this state, in torce, for selling liquor without a license. 

§ 4. No license shall be granted by any board of trustees Billiards, etc. 
of said town to any person to keep any billiard saloon or 
table within the limits described in section three of this act. » 

Any person keeping any billiard saloon or tables within 
said limits shall, on conviction, be fined not less than twen- 
ty-five nor more than one hundred dollars for each offense. 
All violations of this act shall be commenced and prosecu- 
ted in the same manner that cases of assault and battery 
are now provided for by law, and all fines collected for any 
violation of this act shall be paid into the treasury of said 
town. 

§ 5. The board of trustees of said town maj, by ordi- closing saloons 
nance, empower any constable or other person to close up 
any house or place where any liquor, ale, beer or wine may be 
sold or given away, or billiard table kept contrary to law or 
any ordinance of said town. 

§ 6. All prosecutions for violation of any ordinance of Prosecutions. 
said town shall be commenced and completed in the same 
manner as is now provided by law in cases of assault and 
battery, except the complaint shall be in writing, and state 
the particular ordinance violated. 

§ 7. This act shall take eftect and be in force from and 
after its passage. 

Approved Slarch 8, 1867. ' 



AX ACT to incorporate tho town of Clement, Clinton county, Illinois, in foiee March 

9, 1867. 

Section 1. Be it enacted hy the People qf the State of 
Illinois^ rejyresented in the General Assembly^ That the in- 
habitants of the town of Clement, in the county of Clinton, 
and state of Illinois, be and are hereby created a body cor- 
porate and politic, by the name and style of "The Town of Name and style. 
Clement,-' and by that name shall have perpetual succession, 
and may have a common seal, which they may alter at 
pleasure. 

§ 2, The boundaries of said town shall include all the Boundaries, 
land in sections twenty-two and twenty-three, in township 
two north, range three west of the third principal meridian, 
now laid out in town lots ; and whenever any tract of land 
adjoining the incorporated town of Clement shall hereafter 
be laid off in town lots, and duly recorded, as required by 
law, the same shall be annexed to and form a part of the 
incorporated town of Clement. 
YoL III— 25 



Xu 



fOWNS. 



Powers ot cor- § 3. The inhabitants of said town, by the name and 
poration. stjle aforesaicl, shall have power to sue and be sued, implead 
and be impleaded, defend and be defended, in all courts of 
law and equity ; to purchase, receive and hold property, 
real and personal, for the use of the inhabitants of said 
town ; to sell, lease, convey, or dispose of property, real 

^ and personal, and to improve and own said improvements 

and property, real and personal, and to do all things in re- 
lation thereto as natural persons. 

ARTICLE II. 

OF THE TOWN COUNCIL AND ELECTION'. 

counciimen— § 1. That there shall, on the first Monday of May next, 
duties°of.*° be elected five trustees, (who shall constitute the town coun- 
cil,) and on every first Monday of May, annually thereafter, 
who shall hold their offices for one year, and until their 
successors are duly elected and qualified ; and public notice 
of the time and place of holding said election shall be given 
by the town council of said town by an advertisement pub- 

. . lished in a newspaper in said town, or by posting it up in 

at least three of the most public places in said town. The 
first notice of election to be given by Joseph W. Huey, 
Jacob Klein, C. S. Anderson, Henry Strang and Michael 
JReithman, or any three of them, shall prescribe the man- 
ner in which the election or elections for organization under 
the charter, shall be conducted ; and the town council shall 
prescribe the manner in which all subsequent elections 
shall be conducted. 

Qualifications of § 2. No pcrsou shall be a member of the town council 

membership, ^^niggg j^g Q\^r^\\ j^^yg resided six months prior to the election 

within the town limits, and shall be at the time a bona fide 

freeholder in said town, and twenty-one years of age, and 

a citizen of the United States. And the said town council 

President. sliall, at their first meeting, proceed to elect one of their 
body president. 

Vacancy. § 3. If any member of the town council shall, during 

his term of office, remove from the town, his office shall 
thereby be vacated. 

Quornm. § 4. A majority ©f the town council shall constitute a 

quorum to do business, and a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance. 

Rules of pro- § ^- '^^^ towu couucil shall have power to determine 

ceedings. the rulc of its proceedings, punish its members for disor^ 

derly conduct, and, with the consent of two-thirds of itt 

members elected, expel a member. 

vacaneiea. § 6. All vacaucies that shall occur in the town council,] 

by removal, death, resignation, or otherwise, shall be filled] 



TOWNS. iy5 

by appointment; said appointment to be made by the presi- 
dent. 

§ 7. Each and every member or the town council, be- o»th of office, 
tore entering upon the duties of his office, shall take and 
subscribe an oath that he will support the constitution of 
the United States and of this state, and that he will well 
and truly perform the duties of his office to the best of his 
skill and ability. 

§ 8. Whenever there shall be a tie in the election of Tie vote. 
members of the town council, the judges of election shall 
certify the same. to the police magistrate, who shall determine 
the same by lot, in such manner as may be prescribed by 
ordinance ; and in case a tie should occur at the first elec- 
tion held under this charter, then the judges of election 
shall certify the same to the nearest precinct justice, who 
shall determine the same by lot. 

§ 9. No member of the town council, during the term Restrictions, 
of his office, shall be appointed to any office under the au- 
thority of the town council, nor make any contract with 
said town council. 

§ 10. The town council shall cause to be published a Annual state- 
full and complete statement of all moneys received and ™®°^- 
expended by the corporation during the preceding year, 
and on what account received and expended. 

§ 11. There shall be twelve stated meetings of the town stated meetings 
council in each year, at such times and places as may be 
prescribed by ordinance, and may hold adjourned meetings 
to attend to unfinished business. 

§ 12. All free white male inhabitants, citizens of the Quaiiticationsof 
United States, of the age of twenty-one years, who are voters, 
entitled to vote for state officers, and who have been actual 
residents of said town for sixty days previous to the elec- 
tion then being held, shall be entitled to vote for town 
officers. 

ARTICLE III. 

OF THE POLICE MAGISTRATE AND TOM'X CONSTABLE. 

§ 1. There shall be elected in the town of Clement, by Police magig- 
the qualified voters thereof, on the first Monday in May *'^*^^' 
next, and on the first Monday in May every four years 
thereafter, a police magistrate, who shall hold his office for 
four years, and until his successor shall be elected and 
qualified. 

§ 2. There shall also be elected by the qualified voters constable., 
of said town, on the first Monday in May next, and on the 
first Monday in Ma}^ every two years thereafter, a town 
(Nonstable, who shall hold his office for two years, and until 
his successors are elected and qualified. 

§ 3. 'No person shall be elected to the office of police Eligibility to 
magistrate or town constable, who shall not have been a ^i^^^^^^^- 
resident of the town for one year next preceding his elec- 



196 TOWKS. 

tion, or who shall be under the age of twenty- one years, or 
Avho shall not be a citizen of the United States. 

How cuutiuctcd § 4. The election for police magistrate and town consta- 
ble shall be conducted, and the returns thereof made, in 
the same manner as the elections and returns of other jus- 
tices of the peace and constables: Provided^ such election 
shall be held at the same time, and shall be conducted by 
the same judges, as the election for members of the town 
council. 

§ 5. The police magistrate shall be commissioned by 
the governor of the state of Illinois as a justice of the 
peace, and, as such, shall give bond, and take and subscribe 
the same oath of office as other justices of the peace, and 
shall be conservator of the peace for said town, and shall 

Power?. have power and authority to administer oaths, issue writs 

and process, to take depositions, acknowledgments of deeds, 
mortgages and other instruments of writing, and to certify 
the same, as other justices of the peace; and he shall have 
exclusive jurisdiction of all cases arising under the ordi- 
nances of the corporation, and concurrent jurisdiction, 
power and authority, in all cases whatsoever, with other 
justices of the peace, arising under the laws of this state ; i 
and shall be entitled to the same fees for his services as 
other justices of the peace in similar cases. 

Town constable § 6. The towu coustablc sliall have the same power and 
-oath oi office ^yi-j^Qj-j^y ^s othcr prcciuct constables, and shall be entitled 
to the same fees, and placed under such bonds for the faith- 
ful performance of the duties of his office as may be pre- 
scribed by the ordinances of the incorporation hereby 
created. 

Neglect of duty. § ^' ^^^ ^asc the poHce magistrate shall, at any time, be 
guilty of palpable omission of duty, or shall willfully or 
corruptly be guilty of oppression, malconduct or partiality 
in the discharge of the duties of his office, he shall be lia'ble 
to be indicted in the circuit court of Clinton county, and, 
on conviction, shall be lined not exceeding two hundred 
dollars. 

ARTICLE IV. 

OF THE LKGISLATIVK POWERS OF THE COUNCIL. 

i.evyin;; taxes, § 1. The towu councll shall havc power aud authority 
to levy and collect taxes upon all property, real and per- 
sonal, within the town limits, not exceeding one and one- 
* half per cent, per annum upon the assessed value thereof, 

and may enforce the payment of the same in any manner 
prescribed by ordinance, not repugnant to the constitution 
of the United States and of this state. 
Appointment of % ^' The towu couucil shall have the power to appoint 
officers. a town attorney, clerk, assessor, treasurer, collector, and 

one or more street commissioners, and such other officers 



TOWNS. 197 

as tliey may deem necessary to carry into eltect the pru- 
visions of this act, and to require all officers appointed aa 
aforesaid to give bond, with security, and also to subscribe Bond. 
an oath lor the faithful performance of the duties of their 
office, before entering upon the duties thereof. 

§ o. To appropriate money, and provide for the ])ay- Debt-expenses 
ment ot the debts and expenses of said town. 

§ tt. To make regnlations to prevent the introduction of Health, 
contagious diseases into the town, and execute the same for 
any distance not exceeding one mile from the limits of said 
town. 

§ 5. To make regulations concerning the general health 
of the inhabitants ; to declare what shall be considered a 
nuisance, and to prevent and remove the same. 

§ 6. To open, alter, widen, establish, grade, pave or Alterations, 
otherwise improve and keep in repair streets, avenues, 
lanes, alleys and public roads. 

^ 7. To provide all needful and necessary buildings for Buildings, mar- 

.\ 4.- -^ 4. " kets, fires, etc. 

the use ot said town. 

§ 8. To erect market houses, to establish markets and 
market places, and provide for the government and regula- 
tion thereof. 

§ 9. To provide for the extinguishing of lires, and to 
organize and establish fire companies. 

§ 10. To regulate the storage of gun-powder and other combustibles, 
combustible materials. 

§ 11. To license, tax and regulate auctioneers, peddlers, Licenses, 
brokers, pawn-brokers, taverns and money changers. 

§ 12. The town council shall have power to provide, by Disorderly 
ordinance, to license, tax, restrain, prohibit and suppress 
tippling houses, dram shops, gaming houses, bawdy and 
other disorderly houses. 

§ 13. To license and regulate theatrical and other exhi- Exhibitions— 
bitions, shows and amusements. census. 

§ 14. To provide for taking the enumeration of the in- 
habitants of said town. 

§ 15. To fix the compensation of all town officers, and 
regulate the fees of jurors, witnesses and others for ser- 
vices rendered under this act or any ordinance. 

§ 16. The town council shall have power to regulate the Fines— forfeit- 
internal police of the town, to impose fines and forfeitures "'^®^* » 
and penalties for the breach of any ordinance, and provide 
for the recovery of such fines and forfeitures, and the en- 
forcement of such penalties : Provided, that the right of Provno, 
trial shall in no case be denied to any person charged with 
a breach of any, of the provisions of this act, or any ordin- 
ance. 

§ 17. The town council shall have exclusive power with- Milliards, 
in the town, by ordinance, to license, suppress all billiard 
tables and l)owling alleys. 



198 



TOWNS. 



Needful 
n«nces. 



ordi' 



pHblicatiun of. 



Proof of. 



Jail — commit- 
ments. 



ProTiso. 



of ani- 



Riotf, 



Abuse 
mals. 



Pound. 



Animals at ]ar;'e 



§ 18. The town council shall have power to make all 
ordinances which shall be necessary and proper for carrying 
into execution the powers specified in this act. so that such 
ordinances be not repugnant to or inconsistent with the 
constitution of the United States or of this state. 

§ 19. The style of the ordinances shall be, "^e it or- 
dained hy the 2 010)1 Council of the Toivnof Clement. "^^ 

§ 20. All ordinances, before takino^ effect, shall be pub- 
lished at least ten days in a newspaper published in said 
town, or by posting up copies in three of the most public 
places in said towu. 

§ 21. All ordinances of the town may be proven by the 
seal of the corporation, and when printed or published in 
book or pamphlet form, and purported to be printed by au- 
thority of the corporation, the same shall be received in 
evidence in all courts and places without further proof. 
• § 22. The town council shall have power to build. or 
provide, if necessary, a town jail, for the imprisonment of 
offenders : and may provide, by ordinance, that any person 
or persons convicted under any ordinance in said town, and 
who fails, neglects or refuses to pay the tines so assessed 
against him or them, may be either confined in said town 
jail, or made to perform labor on the streets or alleys of 
said town : Provided.^ that such imprisonment shall not be 
for a longer duration than thirty days for any one offense ; 
no fine for any breach of any ordinance of said town shall 
exceed one hundred dollars, besides the costs of prosecu- 
tion, including attorney's fees, to be fixed in amount by the 
town council. 

§ 23. The town council shall have power to suppress all 
riots, routs, assaults and batteries, drunkenness, breaches of 
the peace, quarreling, racing, open and notorious lewdness, 
and all other public indecency. 

§ 2i. To prevent the abuse of animals ; to compel per- 
sons to fasten their horses or other animals, attached to 
vehicles, or otherwise, while standing or remaining in any 
street, alley or any public road in said town. 

^ 25. To establish and maintain a public pound, and ap- 
point a pound master, and prescribe his duties. 

§ 26. To restrain, regulate or prohibit the running at 
large of horses, cattle, sheep, swine and other animals, and 
to authorize the distraining, impounding, and sale of the 
same. 



ARTICLE V. 

OK THE I'RESIDE.NT. 



preeident << 1. The jjrcsident shall preside at all meetings of the 

town council, and shall have the casting vote; aijd in other 
cases of his non-attendance at any meeting, the council 



'rowNS. 199 

shall appoint one of their number as chairman, who shall 
preside at that meeting. 

§ 2. The president or any two members of the council special meet- 
may call a special meeting of the town council. '"^^' 

§ 3. The president shall inspect the conduct of all sub- 
ordinate officers of said town, and shall cause negligence 
and positive violation of duty to be prosecuted and pun- punishment. 
ished ; he shall, from time to time, communicate to the 
council such information, and recommend all such measures 
as in his opinion may tend to the improvement of the finan- 
ces, the police, the health and comfort of the town. 

§ 4. He shall have power, whenever he may deem it inspection, 
necessary, to require of any of the officers of said town an 
exhibit of his books and papers. 

ARTICLE VI. 

OP THE ASSESSMENT AND DELINQUENT TAXES. 

§ 1. The town council shall have power, by ordinance. Assessments, 
to provide the mode and manner of assessing the property 
of said town ; and it shall be the duty of the town clerk to 
give ten days' notice, by one publication in any newspaper 
published in said town, or by posting up three notices, in 
three of the most public places in said town, that the as- 
sessment of said town has been returned to him, and on a 
day to be specified therein, will be acted upon by the town 
council, unless objections to the same are made by some 
person interested ; objections may be heard by the town 
council, and the hearing may be adjourned from day to 
day. The town council shall have the power to alter, con- 
firm, or annul the assessment; if annulled, all the pro- 
ceedings shall be void ; if altered or confirmed, an order 
shall be entered directing the collection thereof, as other 
assessments of said town are collected. 

ARTICLE VII. 

MISCELLANEOUS PROVISIONS. 

§ 1. The inhabitants of the town of Clement are here- Exemption. 
by exempted from working on any road beyond the limits 
of said town, and from paying any tax to procure laborers 
to work on the same. 

§ 2. The town council shall have the power, audit is street labor. 
hereby made their duty, when it may be necessary, for the 
purpose of keeping in repair the streets and alleys of said 
town, to require every able-bodied male inhabitant of said 
town, over twenty-one years of age and under fifty, to labor 
on said streets and alleys, not exceeding three days in each 
year ; and any person failing to perform such labor, when 
duly notified by the street commissioners of said town, 



200 



TOWNS. 



Suits. 



Appeals, 



Security for 
costs. ' 



shall forfeit and pay to said town the sum of one dollar for 
every day so neglected or refused. 

§ 3. All suits, actions, and prosecutions instituted, com- 
menced or brought by the corporation hereby created shall 
be instituted and commenced and prosecuted in the name 
of the town of Clement. 

§ 4. Appeals shall be allowed in all cases from decisions 
arising under the provisions of this act, or any ordinance 
passed in pursuance thereof, to the circuit court of Clinton 
county ; and every such appeal shall be taken in the same 
manner, and will have the same effect as appeals taken 
from justices of the peace under the laws of this state. 

§ 5. The town council shall not be required in suits in- 
stituted under this act, or ordinances passed by virtue there- 
of, to iile before the commencement of such suits, any secu- 

Town clerk. rity for COStS. 

§ 6. The town council shall require their clerk, and it 
shall be his duty to make and keep a full and faithful re- 
cord of all their proceedings, by-laws and ordinances, and 
of the time, yjlace and manner of the publication of such 
ordinances and by-laws, in a book provided for that purpose ; 
and such book, purporting to be the records of the corpo- 
ration of the town of Clement, shall be received in all 
courts without further proof, as evidence of all such mat- 
ters therein contained. 

§ 7. The town council shall have power to prevent and 
regulate the running at large of dogs, and authorizing the 
destruction of the same, when at large contrary to any or- 
dinance. 

§ 8. All fines, forfeitures and penalties, received or col- 
lected tor the breach of any ordinanc'e under this act, shall 
be paid into the treasury of said corporation by the officer 
or person receiving the same. 

§ 9. Whenever the police magistrate or town constable 
shall remove from the town, resign or die, or his office be 
otherwise vacated, the town council shall immediately pro- 
R.R. companiea vide for tilling such vacancy by an election. 

§ 10. The town council shall have power to require 
railroad companies to construct and keep in repair suitable 
crossings at the intersection of streets and alleys, when the 
Vafidity ofia:t. town council shall deem it necessary. 

§ 11. This act is hereby declared to be a public act, and 
may be read in evidence in all courts of law and equity 
inYaiidatioD. within this state, without proof. 

§ 12. Any failure to hold the tirst election under th ^ 
act, at the specified time, shall not work a forfeiture ther^ 
of, but the said election may be held at any day thereafte 
by giving the proper notice of ten days. 

This act shall take effect and be in force from and after 
its passage. 

Approved March 9, 1867. 



Dogs. 



Fines, etc. 



Vacancy. 



AN ACT to 
W 



TOWNS. Sol 



vacate the public square in Post's addition to the town of I" force March 
avnesville, inDeWitt county, and for other purposes. 



Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That so much vacated, 
of the town plat of the town of Waynesville, in the count}' 
of DeWitt, known and recorded as the public square in 
Post's addition to the town of Waynesville, be and the 
same is hereby vacated. 

§ 2. The title to said public square shall be vested in Tuie. 
the school directors of school district number one, (1,) town 
twenty-one, (21,) range one (1) east, and their successors in 
in office. 

§ 3. This act is hereby declared to be a public act, to 
take effect and be in force from and after its passage. 

Approved March 8, 1867. 



AN ACT to amend the charter of Freeburp;, in St. Clair countv. In force March 

4. 1867. 

Section 1. Be it enacted by the People of the State oj- 
Illinois^ represented in the General Assembly^ That the in- 
habitants of the town of Freeburg, in the county of St. 
Clair and state of Illinois, be and are hereby constituted a 
body corporate and politic, by the name and style of " The Name and >\yu. 
Town of Freeburg," and by that name shall have perpetual 
succession, and may have and use a common seal, which 
they may alter and change at pleasure. 

§ 2. The boundary of the said town of Freeburg shall Boundaries, 
be as follows : Beginning at the north-east corner of the 
west half of the south-west quarter of section (20), running 
west three-quarters of a mile, thence in a southern direc- 
tion three-quarters of a mile, thence east three-quarters of 
a mile, thence north three-quarters of a mile to the place of 
beginning; the aforesaid boundaries including three-quar- 
ters of a mile square ; and whenever any tract of land ad- 
joining said town is laid off into lots and recorded, such 
tract shall be attached to and form a part of said town. 

§ 3. The inhabitants of said town, by the name and Powers, 
style aforesaid, shall have power to sue and be sued, to im- 
plead and be impleaded, defend and be defended, in all 
courts of law and equity; to purchase, receive and hold 
property, real and personal, beyond the town limits, for 
burial grounds and for other public purposes, for the use of 
the inhabitants of said town; to sell, lease, convey or dis- 
pose of property, real and personal, for the benelit of the 

Yol. Ill— 26 



202 TOWNS. 

town, and to improve and protect such property, and to do 
all other things in relation thereto, as natural persons. 

Trustees. § 4. There shall be a board of trustees, consisting of a 

president and four trustees, to be chosen by the qualified 
voters, who shall hold their ofiices for the term of one year. 

Qualified trua- § 5. No pcrson shall be a member of the board unless 

t«e3. j^Q shall have resided six months prior to the election within 

the town limits, and shall be at the time a hona fide free- 
holder in said town, and twenty-one years of age, and a 
citizen of the United States ; and if after his election he 
shall cease to be a freeholder, his office shall therebv be 
vacated. 

Quorum. § 6« -^ majority of said board shall constitute a quorum 

to do business, but a smaller number may adjourn from day 
to day, and compel the attendance of absent members, un- 
der such penalties as may be prescribed by ordinance. 

Oath of office. §T. The president and each member of the board, be- 
fore entering upon the duties of their office, shall take and 
subscribe an oath that they will support the constitution of 
the United States and of this state, and that they will well 
and truly perform the duties of their office to the best of 
their skill and abilities. 

stated meetings § 8. There shall be twelve stated meetings of the board 
in each year, at such times and places as may be prescribed 
by ordinance, and may hold adjourned meetings to attend 
to unfinished business. 

Elections. § 9. On the first Monday in April next, and on the first 

Monday in April annually thereafter, an election shall be 
held for an election of a president and board of trustees ; 
and if there should be a tie in any election, by two persons 
receiving the same number of votes, thereby causing no 
election to be had, the persons thus voted for shall decide 
the same by casting lots, in such manner as may be pro- 
vided for by ordinance. 

Qualified voters § l^* ^H male inhabitants, citizens of the United States, 
of the age of twenty one years, who are entitled to vote for 
state officers, and who have been -actual residents of said 
town for thirty days previous to the election then being 
held, shall be entitled to vote for town officers. 

Taxea. § 11- The board of trustees shall have power and au- 

thority to levy and collect taxes upon all property, real and 
personal, within the town limits, not exceeding one-half 
per cent, per annum upon the assessed value thereof, and 
may enforce the payment of the same in any manner pre- 
scribed by ordinance, not repugnant to the constitution of 
the United States and of this state. 

Offictri. § 12. The board of trustees shall have power to appoint 

a town constable, treasurer, and such other officers as are 
necessary to carry into effect the provisions of this act, and 
to require of all officers thus appointed, bonds, with penalty 
and security, for the faithful performance of their respective 



TOWNS. 203 

duties, and also to require all officers appointed as afore- oath of oisce. 
said to take an oath for the faithful performance of their 
duties, before entering upon the discharge of the same. 

§ 13. To make regulations to prevent the introduction Diseases, 
of contagious diseases into the town ; to make quarantine 
laws and regulations, and enforce the same; to provide for Expensei. 
the expenses of the town; to make regulations to secure 
general health of the inhabitants ; to declare what shall be Nuisances, 
considered a nuisance, and to prevent and remove the same; 
to dig wells and erect pumps in the streets for the extin- weiis. 
guishment of fires and convenience of its inhabitants ; to 
open, alter, widen, extend, establish, grade, pave or oth- street improte- 
erwise improve and keep m repair streets, avenues, lanes, 
alleys and sidewalks ; to provide all needful buildings for 
the use of the town. 

§ 14. To license, tax and regulate auctioneers, peddlers, Auctioneerg, etc 
brokers, pawn-brokers, taverns and money-changers, and 
to provide for collecting same. 

§ 15. The board shall have power to provide by ordi- Miscellaneous 
nance to license, tax, restrain, prohibit and suppress tippling p^o^^^^o^^- 
houses, dram shops, gaming houses, bawdy and other dis- 
orderly houses ; to license and regulate theatrical and other 
exhibitions, shows and amusements ; to provide for the pre- 
vention and extinguishment of fires, and to organize and es- 
tablish fire companies ; to regulate the fixing of chimneys, 
and the flues thereof, and stove-pipes ; to regulate the storage 
of gunpowder and other combustible materials ; to provide 
for the enumeration of the inhabitants of the town ; to regu- 
late the election of town officers, and provide for removing 
from office any person holding an office created by ordinance; 
to fix the compensation of all town officers, and regulate 
the fees of jurors, witnesses and others, for services ren- 
dered under this act or any ordinance. 

§ 16. The board of trustees shall have power, by ordi- ^^^^'* «*°' 
nance, to regulate the internal police of the town; to declare 
what shall be considered misdemeanors, and to impose fines, 
forfeitures and penalties for the breach of any ordinance, 
and provide for the recovery and appropriation of such fines 
and forfeitures and the enforcement of such penalties. 
They shall have exclusive power, within the town, by ordi- 
nance, to license, regulate, suppress and restrain billiard 
tables, and from one to twenty (20) pin alleys, and every 
other description of gaming or gambling. 

§ 17. The board of trustees shall have power to make Necesgary ordi- 
all ordinances which shall be necessary and proper for carry- ^*^"^' 
ing into execution the powers specified in this act, and shall 
have power to build or provide, if necessary, a town jail, for 
the imprisonment of offenders, and may provide, by ordi- 
nance, that any person or persons who have been convicted 
under any ordinance of said town, and who fails, neglects 
or refuses to pay the. fine so assessed against him or them, 



204 



TOWNS. 



Police 
trate. 



mftgi' 



may be either coulined in said town jail or made to perform 
labor on the streets or alleys. 

Riots, eic. § 18. The president or board of trustees shall have 

power to suppress all riots, affrays, assaults, assaults and 
batteries, drunkenness, quarreling, open and notorious 
lewdness, and all other public indecency; and any prosecu- 
tion or conviction, for any offense under the laws of this 
state, shall not bar prosecutions for fines and penalties or 
forfeitures for the breach of any ordinance. 

luhabiiauts to g i9_ Xlic president and board of trustees are hereby 

laws— raiiitia!^ made couscrvators of the peace, and they are empowered to 
call on any male citizen of said town, over the age of 
eighteen years, to aid them in inforcing the* laws and ordi- 
nances, and in case of a riot to call out the militia to aid them 
in suppressing the same, or in carrying into effect any law or 
ordinance, and any person who shall not obey such call shall 
forfeit to the said town a fine not exceeding twenty dollars. 
§ 20. On the first Monday in April, next, there shall 
be elected, in addition to the ofiicers whose election is pro- 
vided for by this act, one police magistrate, to be elected 
and qualified as provided by an act entitled "An act for the 
better government of towns and cities, and to amend the 
charters thereof," approved February 27, a. d. 1854, and 
all the provisions of said act are hereby declared applicable 
to this act. 

§ 21. The board of trustees shall have power, for the 
purpose of keeping the streets, lanes, avenues and alleys in 
repair, by ordinance, to require all male inhabitants in said 
town, over the age of twenty-one years and under fifty, to 
either labor on said streets, lanes, avenues or alleys not ex- 
ceeding three days in each and every year, or pay one dol- 
lar per day in lieu of said labor, as the board may, by ordi- 
nance, require ; and the inhabitants of said town of Free- 
burg are hereby exempted from working on any road be- 
yond the town limits, and from paying any tax to procure 
laborers on the same. 

Liquor traffic. g 22. The board of trustees shall, in all cases, when 
they grant license to any person or persons for the sale of 
intoxicating liquors of any kind, take a bond, with penalty 
and good and sutticient security, from the individual or in- 
dividuals thus obtaining said license, conditioned that the 
house or place where such liquors are sold shall be kept 
orderly and free from disturbing any person or persons, by 
allowing fighting, quarreling or loud and boisterous talking 
about the aforesaid premises ; and in (;ase of a violation of 
the said conditions, the person or persons so offending shall 
be pro^^ecuted upon the said bond, and, upon conviction, 
shall forfeit his, her or their said license ; and said judg- 
ment shall be rendered for the full amount of said bond and 
costs of prosecution, in favor of said town. 



Street labor 



TOWNS. 205 

§ 23. The style of all ordinances of the town shall be, ordinances. 
'-^Be it ordained by the Fresident and Board of Trustees of 
the Town of FreeburgP 

§ 24. All ordinances passed by the board of trustees Publication of. 
shall, within ten days after they are passed, be published, 
by copies, with the town seal attached thereto, beincj posted 
up in three of the most public places in said town, and may 
become a law immediately after such notice, and not before. 

§ 25. All ordinances of the town may be pi^oven by the p»ooi of. 
seal of the corporation, and when published by authority of 
the corporation the same shall be received in evidence in 
all courts and places, without further proof. 

§ 26. The president shall preside at all meetings of the President, 
board, and shall have the casting vote and no other. In 
case of the non-attendance of the president, the board shall 
appoint one of their number chairman, who shall preside at 
that meeting. 

§ 27. Appeals shall be allowed from the decision, in all Appeals. 
cases arising under the provisions of this act or any ordi- 
nance passed in pursuance thereof, to the circuit court of 
St. Clair county, and every such appeal shall be taken and 
granted in the same manner and like effect as appeals are 
taken from and granted by justices of the peace to the cir- 
cuit court, under the laws of tliis state. 

§ 28. All lines and forfeitures collected for penalties in- Disposition of 
curred within the incorporated limits of the town, shall be ^'^^'^'^t^'- 
paid over to the town treasurer by the officers collecting 
the same. 

§ 29. All writs for the recovery of penalties for the writs and ac- 
breach of any ordinance of said town shall be in tlieform of 
an action of debt, before the police magistrate, or, in case of 
his absence or inability to act, before some other justice of . 
the peace in said town ; and the said corporation shall be 
allowed to appeal, in any case in which they are parties, by 
causing the secretary to execute a bond, in the name of said 
corporation, in the form now prescribed by law in other 
cases, without other security ; and an order entered upon 
the records of said corporation, directing said appeal, shall 
be sufficient evidence of the authority of said secretary to 
sign said bond. 

§ 30. The town constable, appointed under the provi- Proceaacs. 
sions of this act, shall have power and authority to execute 
all process issued for the breach of any ordinance of said 
town, and for that purpose his power and authority shall 
extend over the county of St. Clair, and shall have the same 
power, jurisdiction and authority, within the limits of said 
town, as other constables, under the laws of this state, and 
shall give bond and qualify as the said board shall, by ordi- 
nance, prescribe. 



206 



Officers' 
valid. 



TOWNS. 



acta § 31. All the acts of the officers of the said incorpora- 
tion heretofore done, in pursnance of said corporation, are 
hereby declared valid. 

§ 32. This act to take effect Irom and after its passage. 

Approved March 4, 1867. 



Boundaries. 



In force March AN ACT to extend the corporate powers of the town of Chatsworth. 
8, 1867. 

ARTICLE I.* 

Section 1. Be it enacted hy the Feo2yle of the State of 
IlliiioiB^ represented in the General Assemhly^ That the in- 
habitants of the town of Chatsworth, in the county of Liv- 
ingston, and state of Illinois, be and they are hereby consti- 
tuted a body politic and corporate, by the name and style of 
Name aud style "The Town of Chatsworth," and by that name shall have 
perpetual succession, and may have and use a common seal, 
which they may change and alter at pleasure. 

§ 2. The boundaries of said town shall include within 
their limits the west half of section three, (3,) the west half 
of the east half of section three, (3,) and the east half of 
the east half of section four, (4,) — all being in township 
twenty-six (26) north, range eight (8) east of the third prin- 
cipal meridian. 

§ 3. Whenever any tract of land adjoining. the town of 
Chatsworth shall be laid off into town lots, and duly re- 
corded, as required by law, the same shall be annexed to 
and form a part of the town of Chatsworth. 

§ 4. The inhabitants of said town, by the name and 
style aforesaid, shall have power to sue and be sued, plead 
and be impleaded, to defend arid be defended, in all courts 
of law and equity, and in all actions whatsoever ; to pur- 
chase, receive and hold property, both real and personal, 
beyond the limits ot said town, for burial grounds, and for 
other purposes, for the use of the inhabitants of said town, 
and to sell, lease, convey and improve property, real and 
personal, for the benefit of said town; and to do all other 
things in relation thereto as natural persons. 

ARTICLE II. 



Additions. 



Poweraof incor 
poratioB. 



OF THE TOWN COUNCIL. 



Town council 



Vacancy. 



§ 1. There shall be a town council, to consist of a presi- 
dent and five trustees, to be chosen annually, on the first 
Monday in Ma}^ by the qualified voters of said town. 

§ 2. If any member of the town council shall, during 
the term of his office, remove from the town, his office shall 
thereby be vacated. 



TOWNS. 207 

§ 3. The town council shall judge of the qualifications, Qualifications. 
elections and returns of its own members, and shall deter- 
mine all contested elections. 

§ 4. A majority of the town council shall constitute a Quorum. 
quorum to do business; but a smaller number may adjourn 
from day to day, and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance. 

§ 5. The town council shall have power to determine Rules. 
the rules of its proceedings, punish its members for disor- 
derly conduct, and, with the concurrence of two-thirds of 
the members elected, expel a member. 

§ 6. The town council shall keep a journal of its pro- Journal. 
ceedings, and, from time to time, publish the same ; and 
the yeas and nays, when demanded by any member present, 
shall be entered upon the journal. 

§ 7. All vacancies that occur in the town council shall vacancies eiied 
be filled in such manner as it shall appoint. 

§ 8. Each and every member of the town council, before oath of office. 
entering upon the duties of his office, shall take and sub- 
scribe an oath, or affirmation, in addition to the several oaths 
prescribed by the constitution of this state, that he will well 
and truly perform the duties of his office to the best of his 
ability. 

§ 9. Whenever there shall be a tie in the election of '^'^ ^°^®* 
the members of the town council, the judges of the election 
shall certify the same to the police magistrate of said town, 
who shall determine the same by lot, in such manner as 
shall be prescribed by ordinance. 

§ 10. There shall be stated meetings of the town coun- Meetinga. 
cil in each year, at such times and places as may be pre- 
scribed by ordinance. * 

ARTICLE III. 

ELECTIONS. 

§ 1. On the first Monday in May next, an election shall Elections. 
be held in said town for the president and five members of 
the town council, and forever thereafter, on the first Monday 
in May in each year, there shall be an election held for said 
officers. The first election shall be held, conducted, and 
returns thereof made, as may be provided by ordinance, by 
the present president and trustees of the town of Chats- 
worth, and all succeeding elections, as may be provided by 
ordinance of the town council by this act created. 

§ 2. All persons who may be entitled to vote for state Qualified yoters 
officers, and who shall have been actual residents of said 
town for sixty days immediately preceding said elections, 
shall be entitled to vote for said officers. 



208 



TOWI 



ARTICLE rv. 



Taxes. 



Appointment o 
officers. 



Appropriations 

Sanitary. 



Water. 



Alteration" of 

streets. 



Bridges. 
Gas. 

Police. 

Markets. 

Baildiogs. 
Public gr»unds. 



of THE LEGISLATIYE POWERS OF THE COt'XCIL; 

§ 1. The town council shall have power and authority 
to levy and collect taxes upon all property, real and per- 
sonal, within the limits of the town, not exceeding one 
per centum per annum upon the assessed value thereof, and 
may enforce the payment of the same in any manner to be 
prescribed by ordinance, not repugnant to the constitution 
of the United States or of this state, 
f § 2. The town council shall have power to appoint a 
clerk, treasurer, assessor, marshal, constable, commissioner 
of streets, and such other officers as may be necessary, and 
to require all officers appointed in pursuance of this charter 
to^ [give] bonds, with such penalties and security for the 
faithful performance of their duties, as may be deemed 
expedient ; and also to require all officers, appointed .as 
aforesaid, before entering upon the discharge of their re- 
spective official duties, to take an oath in the same manner 
provided in section 8 of article 2 of this act. 

^ 3. To appropriate money and provide for the payment 
of the debts and expenses of the town. 

§ 4:.^ To make regulations to prevent the introduction of 
contagious diseases into the town, and enforce the same 
within five miles thereof. 

§ 5. To estabhsh hospitals, and make regulations for 
the government of the same. 

§ 6. To make regulations to secure the general health 
of the inhabitants ; to declare what shall be a nuisance, and 
to prevent and remove the same. 

§ T. To provide the town with water ; to sink and keep 
in repair wells and pumps in the streets, for the conveni- 
ence of the inhabitants. 

§8. To lay out, open, alter,, abolish, widen, extend, es- 
tablish, grade, pave, or otherwise improve and keep in 
repair public squares, streets, avenues, lanes and alleys, 
and to establish a building line thereon. 

§ 9. To establish, erect and keep in repair bridges. 

§ 10. To provide for lighting the streets, and erecting 
lamp posts. 

§ 11. To establish, support and regulate night watch- 
men. 

§ 12. To erect market houses, to establish markets and 
market places, and provide for the government and regula- 
tion thereof. 

§ 13. To provide for the erection of all needful build- 
ings for the use of the town. 

§ 14r. To provide for the inclosing, improving and regu- 
lating all public grounds belonging to the town. 



TOWNS. 209 

§ 15. To license, tax and regulate auctioneers, mer- Licenses . 
chants, retailers, taverns or ordinaries, hawkers and ped- Merchants, etc. 
dlers: Provided^ that no fees shall be charged for any 
such license or other tax imposed on account of such occu- 
pation, where the person having or receiving the same is a 
resident of said town, and assessed therein. 

§ 16. To license, tax and regulate hackney carriages, vehicles, 
coaches, omnibuses, wagons, carts and drays, and to fix the 
rates to be charged for the carriage of persons, and for the 
wagon age, cartage or dray age of property. 

§ 17. To license and regulate porters, and fix the rate porters. 
of porterage. 

§ 18. To license, tax, regulate and suppress theatrical Exhibitions, ©tc 
and other shows and amusements. 

§ 19. To tax, restrain, prohibit and suppress tippling Disorderly 
houses, dram shops, gambling houses, bawdy houses, and ^°"^*'''- 
other disorderly houses within said town, and within one 
mile thereof; but not to license any house or place for the 
sale of intoxicating drinks as a beverage. 

§ 20. To prevent the encumbering of the streets, squares street obstruc 
and alleys of said town ; to plant and protect shade trees ; ^'°"'' 
to require persons to fasten horses and other animals at- 
tached to vehicles, while standing in said town; to prohibit 
and prevent the running at large of horses, hogs, sheep Animals at ui-ge 
and other animals, and provide for distraining and impound- 
ing the same, and to provide for the forfeiture or sale of 
the same for any penalty incurred, and to impose penalties 
upon the owners of any such animals for the violation of 
any ordinance in relation thereto; to prevent the running 
at large of dogs, and to provide for the destruction of the 
same when running at large contrary to ordinance ; and to 
prevent the firing of squibs, rockets, guns, or other com- 
bustibles or fire-arms, within the limits of said town. 

§ 21. To provide for the prevention and extinguishment 
of fires, and to organize and establish fire companies. 

§ 22. To regulate the fixing of chimneys and the flues 
thereof. 

§ 23. To regulate the storage of gun-powder, tar, pitch, combustibles. 
rosin, spirits, wine, and other combustible materials, and 
also af?hes. 

§ i^4:. To regulate and order parapet walls and partition Fences lumber 
fences. "^^^ ^*y- 

§ 25. To provide for the inspection and measurement 
of lumber and other building materials, and for the meas- 
uring of all kinds of mechanical work. 

§ 20. To provide for the inspection and weighing of 
hay and stone coal, and the inspection and measurement of 
charcoal, fire-wood, and other fuel to be sold or used in said 
town. 

§ 27. To regulate the inspection of lard, butter and ProTiiiooa. 
other provisions. 

Vol. 111—27 . 



210 



TowNg. 



Census. 



Elections. 



Compensation. 



Eecovery of pe- 
naltiea/etc. 



Gambling. 



Needful 
nances. 



ordi- 



§ 28. To provide for taking the enumerations of the in- 
habitants of the town. 

§ 29. To regulate the election of town officers, and pro- 
vide for removing from office any person holding an office 
created by this act. 

§ 30. To fix the compensation of all town officers, and 
regulate the fees of jurors and witnesses, and others, for 
services rendered under this act or anv ordinance. 

§ 31. To regulate the police of the town ; to impose 
fines, forfeitures, and penalties for the breach of any ordin- 
ance, and to provide for the recovery and appropriations of 
such fines and forfeitures, and the enforcement of such 
penalties. 

§ 32. To suppress, restrain and prohibit billiard tables, 
ball alleys, faro boards, lotteries, horse races, and other 
means of gambling, within said town, and within three 
miles thereof. 

§ 33. The town council shall have power to make all 
ordinances which shall be necessary and proper for carry 
ing into execution the powers specified in this act, so that ; 
such ordinances be not repugnant to or inconsistent with 
the constitution of the United States or of this state. 

§ 34. The style of the ordinances shall be, '^Be it e7iaG- 
ted by the Town of Chatsworthy 

§ 35. All ordinances passed by the town council shall, 
within one month after they shall have been passed, be 
published in some newspaper published in the town, or 
posted up in three. public places in said town, and shall not 
be in force until they have been published or posted as 
aforesaid, and the certificate of the clerk of said town, or a 
certified copy of said certificate shall be held in all courts 
and places sufficient evidence of such publication. 

§ 36. All ordinances of the town may be proven by the 
seal of the corporation, and, when printed or published in 
book or pamphlet form, and purporting to be printed by 
authority of the corporation, the same shall be received 
in evidence in all courts and places without further proof. 






ARTICLE V. 



OP THE PRESIDENT. 



President. 



Special 
ings. 



meet. 



Duties of presi- 
dent. 



§ 1. The president shall preside at all meetings of the 
town council, and shall have a casting vote and no other. 
And in case of his absence at any meeting, the council 
shall appoint one of their members chairman, j[?r(9 tern. 

§ 2. The president or any two members of the council 
may call special meetings of the town council. 

§ 3. The president shall be active and vigilant in en- 
forcing the laws and ordinances for the government of the 
town. He shall inspect the conduct of all the subordinate 
officers of the town, and cause negligence and positive vio- 



rowNS. ^11 

lation of duty to be prosecuted and punished. He shall, 
from time to time, communicate to the council such infor- 
mation, and recommend such measures as, in his opinion, 
may tend to the improvement of the finances, police, nealth, 
security and ornament of the town. 

§ 4. He is hereby authorized to call on any male in- 
habitant of said town, over the age of eighteen years, to aid 
in enforcing the laws and ordinances thereof, or in preserv- 
ing the public peace ; and any person who shall not obey 
such call shall forfeit to the town a tine not exceeding ten 
dollars. 

§ 5. He shall have power, whenever he may deem it 
necessary, to require of any officer of said town an exhibit 
of his books and papers, or a report of his doings as such 
officer, and shall have power to do all other acts that may 
be required of him by any ordinance made in pursuance of 
this act. 

ARTICLE VI. 

OF PROCEEDINGS IN* SPECIAL CASES. 

Condemning 

§ 1. Whenever it shall be necessary to take the pro- ^^^^^' 
perty of any person, corporation, or body politic, for the 
purpose of altering, widening, extending, establishing, ma- 
king or improving any public square, street, avenue, lane compenuation. 
or alley, the town shall make a just compensation to the 
owners of such property, and shall pay or tender the same 
before taking such property ; and in case the amount of such 
compensation can not be agreed upon, the police magistrate 
of said town shall cause the same to be ascertained by a . 

jury of three disinterested free-holders of the town, in such 
manner as the council, by ordinance, shall direct. Petition. 

g 2. When all the owners of property on a street, square 
or alley proposed to be laid out, opened or altered shall pe- 
tition therefor, the town council shall provide for the laying 
out, opening or altering the same, but no compensation 
shall, in such case, be allowed for such property so taken, jurors' duties. 

§ 3. All jurors empanneled to inquire into the amount 
of benefits or damages which shall happen to the owners 
of property affected by. the locating, opening, changing, 
establishing, grading, or otherwise improving any public 
square, street or alley, or any other improvement in this 
article named, except sidewalks and private drains, shall 
first be sworn to that effect, and shall return to the police 
magistrate their inquest or assessment, in writing, signed Proyii . 
by such jurors, or a majority of them : Provided, always, 
that in such assessment the jury shall take into considera- 
tion the benefits as well as injury happening to the owners 
of property taken for or affected by any such improve- 
ment. Changes in lots. 

§ 4. The town council shall have power, from time to 
time, to cause any public square, street, alley or highway, 



212 



TOWNS. 



to be graded, paved, macadamized, planked, or otherwise 
improved, and keep the same in repair, or to cause any lot 
in said town to be tilled up; or to cause cross and sidewalks 
main drains, and sewers, and private drains and aqueducts to 
be constructed and laid, relaid, cleansed, and repaired and 
to regulate the same; and to lay out public squares, and to 
grade, improve, protect, and ornament auv public square 
street or alley, now or hereafter laid out. 
Exp«ns^ § 5. The expenses of any improvement mentioned in 

this article, except sidewalks and private drains, may bo 
assessed upon the real estate in any natural division affect- 
ed thereby, with the costs of proceedings therein, in pro- 
portion as nearly as may be to the benefits resultino- there- 
to, m such manner as the town council mav, bv onlinanee 
direct. ' ' ' ' 

"irc'^mVoT^ . § '^' ^^^^"^^^^ ^^}^ inhabitants of said town, in special 
ment. ^ town meeting, asson.bled upon the call of said council or 
often legal voters of the same, shall, by a majority present, 
vote m tavor ot any public improvement therein, and of 
appropriating therelor any sum not exceedino- in any one 
year one-fourth of one per centum of all the taxable prop- 
erty of said town ; the council shall be authorized to levy 
a special tax therefor, not exceeding the sum so voted upon 
all the taxable property of said town, and collect, hold and 
expend the same m such manner as the council may direct. 
§ 8. All owners or occupants upon whose premises the 
town council shall order and direct private drains to be 
constructed, repaired, relaid or cleansed, shall make repairs 
relay, or cleanse such private drains at their own costs and 
charges, in the manner and within the time prescribfid bv 
ordinance or otherwise ; and upon their failure so to do 
the council may cause the same to be done, and assess the 
expenses thereof upon the lots respectively,' and collect the 
same as the other assessments and taxes. A suit may also 
be maintained against the owner or occupant of such premi- 
ses tor the recovery of siicli expenses as for money paid io 
his use at his request. 

§ 9. All real estate within the limits of said town and 
all personal property belonging to persons residing therein, 
shall be subject to taxation, and taxes may be levied and 
collected upon the same for the use and benelit of said 
town, in such time and manner as the council shall by ordi- 
nance provide. 

§ 10. The town council may, by ordinance, direct that 
the assessments of the township assessor of the property in 
said town shall be deemed and taken as the assessment of 
said town, and that the clerk of the corporation shall certify 
to the clerk of tlu; county court, all persons and oroperty 
taxable therein, with the taxes and assessments levie'd 
thereon, in whicli case they shall by the county clerk be 
entered on the tax books of the county, and be collected 



Special tax. 



Owners to pay. 



Taxes. 



Assessmciiii". 



TOWNS. 213 

with the couuty and Btatc taxes; and the same fees shall 
be paid by said towu for actual services herein as may be 
provided by the revenue laws of the state for similar ser- 
vices. 

ARTICLE VII. 

§ 1. The town council may have power, for the purpose Rood labor, 
of keeping in repair the streets and alleys and public 
squares of said town, to require every male inhabitant of 
said town, over the age of twenty-one years, to labor on said 
streets and alleys and public squares not exceeding three 
clays in each year ; and any person failing to perform such 
labor, when duly notified, shall forfeit and pay the sum of 
one dollar and fifty cents to said town for each day so neg- 
lected or refused. 

§ 2. The inhabitants of the town of Chatsworth are Exemption. 
hereby exempted from working on any road beyond the 
limits of said town. 

§ 3. The town council shall have power to provide for Punishmenti 
the punishment of offenders against the ordinances of said 
town, by tines or forfeitures, and in all cases where such 
offenders shall fail or refuse to pay such fines, forfeitures, 
and costs, which ma}- be recorded or adjudged against 
them, and it shall be competent for the magistrate or other 
court before whom the same shall be tried, to direct that 
such offenders shall be committed to the county jail until 
such tines, forfeitures and costs shall be paid or otherwise 
discharged by due process of law. 

§ 4. The town council shall cause to be published, an- Annual state- 
nually, afuU and complete statement of all moneys received "^^*** 
and expended during the preceding year, and cm what ac- 
count received and expended. 

§ 5. All ordinances and resolutions passed by the pres- Prior ordinances 
ent president and trustees of the town of Chatsworth, shall 
remain in full force until the same shall have been repealed 
by the town council hereby created, and the said president 
and trustees shall continue in oflice and exercise all the pow 
ers with which they are now vested until the town council 
hereby created shall have been elected and qualified. 

§ {). All suits, actions and prosecutions instituted, com- Actions. 
menced or brought by the corporation hereby created, shall 
be instituted, commenced and prosecuted in the name of 
the town of Chatsworth. 

§ 7. All actions, fines, penalties and forfeitures which Fi»cs. 
have accrued to the president and trustees of the town of 
Chatsworth, shall be vested in and prosecuted by the corpo- 
ration hereby created. 

§ 8. All property, real and personal, heretofore belong- Town property, 
ing to the president and trustees of the town of Chatsworth, 
for the use of the inhabitants of said town, shall be and the 



214 



TOWNS. 



luvalidatioo. 



Appeals. 



Proviso. 



Publication 
this act. 



Writs. 



Electiou!. 



Fines paid. 



Resttictions. 



of 



same is hereby declared to be vested in the corporation 
hereby created. 

§ 9. This charter shall not invalidate any acts done or 
to be done by the president and trustees of the town of 
Chatsworth, nor divest them ot any rights which have ac- 
crued to them prior to the passage of this act. 

§ 10. Appeals shall be allowed in all cases arising under 
the provisions of this act, or of any ordinance passed in pur- 
suance of this act, to the county or circuit court of Livings- 
ton county ; and every such appeal shall be taken and gran- 
ted in the same manner as appeals are taken and granted 
by justices of the peace to the circuit courts under the laws 
of this state ; and all such appeals shall be taken and the 
bond filed with the police magistrate or justice of the peace 
within five days from such trial : Frovided, the said corpo- 
ration shall be allowed to appeal in any case in which it is 
a party, by causing its president or clerk to execute a bond 
in the name of the corporation in the form now prescribed 
by law in other cases, without other security, and an order 
entered upon the records of said corporation directing such 
appeal or approving thQ same, shall be suflicient evidence 
of authority to sign said bond. 

§ 11. The president and trustees of the town of Chats- 
worth shall, immediately after the passage of this act, take 
measures to promulgate the same within the limits of said 
town. 

§ 12. This act is hereby declared to be a public act, and 
may be read in evidence in all courts of law and equity 
within this state without proof. 

§ 13. The town marshal or constable, or any other ofli- 
cer authorized to execute writs or any other process issued 
by the police magistrate of said town", shall have power to 
execute the same anywhere within the limits of the county 
of Livingston, and shall have the same power to execute 
any process issued by any justice of the peace of said coun- 
ty, and be entitled to the same fee& for traveling and other 
services as are allowed to constables in similar cases. 

§ 14. The town council may at any time hereafter pro- 
vide by ordinance for future elections by the inhabitants of 
said town, of such officers as they may" deem advisable to 
have so elected. 

§ 15. All fines and penalties recoverable by indictment, or 
actions for any ofi'enses committed within the limits of said 
town, and which are now required by law to be paid into 
the county treasury or to the school commissioner of said 
county, shall hereafter be paid into the town treasury for 
the use of said town. 

§ 16. The town council are hereby expressly and for- 
ever prohibited from granting license to any person or per- 
sons in said town of Chatsworth, to sell, trafiBic, exchange, 
barter, or give away any strong beer, ale, porter, sugar 



I'owNS. 215 

beer, wine, rum, gin, brandy, whisky, or intoxicating Liquors. 
liquors, drinks, or beverages of any kind whatever, inchi- 
ding Hostetter's stomach bitters, Plantation bitters, Roback 
bitters, Red Jacket bitters, Swain's Bourbon bitters, or any 
other bitters, of whatever name or kind, containing intoxi- 
cating liquors, and no person shall be permitted to bring 
into the town, or keep about his, her or their premises, sa- 
loon, cellar, dwelling house, out-houses, or in ' any other 
place in said town, or within one mile thereof, any of the 
above named drinks, liquors, or intoxicating beverages, for 
the purpose of trafficking therein in any way w^hatever : 
Provided^ the town council may grant license to two dis- Proviso. 
creet persons, and no more, in said town, to sell wine or 
other spirituous liquors for mechanical, medicinal and sacra- 
mental purposes only, and the said council shall have power 
at any regular meeting to revoke said license. 

§ 17. Any persons violating any of the provisions of penalties, 
this section of this charter, shall forfeit and pay into the 
treasury of the corporation for the use of the inhabitants of 
said town, not less than twenty-five dollars nor more than 
one hundred dollars for each and every offense, to be re- 
covered by an action of debt before any police magistrate 
or other justice of the peace in said town ; and in case any 
offender shall fail or refuse to pay such fine or fines and 
costs as ma}^ be adjudged or assessed against him, her, or 
them, by the said police magistrate or other justice of the 
peace, then said offender shall forthwith be committed to 
the county jail until said fine and costs are paid or other- 
wise discharged b}^ due process ot law. 

§ 18. This act to be in force from and after its passage. 

Approved March 9, 1867. 



AN ACT to amend an act entitled "An act to incorporate the town of Iq force March 
Anna," approved February 16, 1865. 8> 1867. 

Section 1 . Be it enacted hy the People of the State of 
lllinoi^^ represented in the General Assenihly^ That in addi- Additional pow- 
tion to the powers already vested in the president and trus- dent °an/tn?3. 
tees of the town of Anna, by virtue of the above entitled act, ^^®'" 
the said trustees shall hav§ power to divide, by ordinance, 
said town of Anna into wards and specify the boundaries 
thereof; to provide for the election of an alderman in each 
ward, by the qualified voters of the same, and of one mayor 
of the town, by the legal voters of said town. The mayor 
and aldermen, when elected as aforesaid, shall qualify in 
the same manner and possess the same rights, power and 
and authority, and be subject to the same duties, responsi- 



216 



Enlargement of 
boandaries. 



Streets and al 
leys vacated. 



Census — abuse 
of animals, etc. 



PoUce 
trace. 



01.12:18 



Election of. 



OfiBce tenure. 



Proviso. 



iginal 
diction. 



Juris 



TOWNS. 

bilities and liabilities as are or shall be possessed or impose * 
respectively, upon the president and trustees of said town- 
and the offices of president and trustees of the town of Anna 
shall thenceforth be void and of no effect : Provided that a 
majority of votes cast at an election, called by the board of 
trustees, to test the will of the people as to the propriety of 
such division, shall be in favor of such division. 

§ 2. The board of trustees shall have power to enlart^e 
the boundaries of the town by ordinance : Provided, that 
they shall not pass any ordinance for enlarging the boun- 
daries of said town until they shall have submitted the 
question of such proposed enlargement to a vote of the 
qualified voters of said town, and all legal voters residino« 
within such proposed enlargement, and shall have been 
authorized, by a majority of such persons voting at said 
election, to make such enlargement. 

§ 3. The board of trustees shall, in no case, have power 
to vacate any street, highway, road, alley or lane within the 
limits ot said town, unless, after giving ten days' public no- 
tice thereof, such vacation shall be by a vote of two-thirds 
ot all the trustees elected. 

§ 4. They shall have power to provide for takino- the 
enumeration of the inhabitants of said town ; to compel 
persons or owners to iasten their horses, oxen or other ani- 
raals attached to vehicles or otherwise, while standing on 
the streets or alleys ; to punish and prohibit the abuse of 
animals, and to enforce, by ordinance, all the provisions of 
this act. 

§ 5. The police magistrate of said town of Anna shall 
have jurisdiction in all cases whatsoever wherein the amount 
sought to be recovered does not exceed one hundred dollars. 

§ 6. On the second Monday in August, in the year 1867 
and every four years thereafter, there ^shall be elected a po- 
lice magistrate of said town of Anna, who shall be, ex-oifwio 
a justice of the peace for the countv of Union. He shall 
quahfy in the same manner and be subject to the same 
penalties that are provided, by the general laws of this state 
tor other justices of the peace. He shall hold his office for 
the term of four years, and until his successor shall be 
elected and qualified. He shall possess and may exercise 
all the powers, jurisdiction and authority that other justices 
of the peace ot the county of Union might have and exercise 
in similar cases : Provided, that all official bonds required 
to be given under this act shall be made payable to the 
l>re8ident and trustees of the town of Anna, and the iuris- 
diction of said police magistrate shall be as provided for in 
section five of this act. 

§ 7. Said police magistrate shall be a conservator of the 
peace for the said town of Anna, and shall have exclusive 
original jurisdiction, except as herein otherwise provided in 
all cases arising out of or under the laws or ordinances of 



TOWNS. 217 

said town or this act, and shall, in such cases, possess and 
may exercise all the rights, powers and authority now con- 
ferred on police magistrates by virtue of an act entitled "An 
act for the better government of towns and cities, and to 
amend the charters thereof," approved February 27, 1854. 
Whenever, after the passage of this act, there shall occur a vaoanoy. 
vacancy in the office of police magistrate of said town, the 
board of trustees of said town shall, within twenty (20) days 
from the occurring of any such vacancy, call an election to 
till the same, and the person so elected shall hold his office 
until his successor shall be elected and qualified. 



j5> 8. He shall, in all cases, be entitled to the same fees F6«», et<^ 



t; 



and emoluments that are, by laws of this state, allowed to 

other justices of the peace for similar services. In case of Absence, eu. 

the absence of said police magistrate, or of his inability, any 

other justice of the peace of said county of Union, having 

an office in said town, shall have the same jurisdiction, 

power and authority, under the laws and ordinances of said 

town, as the police magistrate possesses in like cases. The Rules of prf • 

rule of practice and proceeding, in all cases arising out of ^^^"^^s^- 

the laws and ordinances of said town, shall conform to the 

practice and proceeding before other justices of the peace, 

except cases where such rules of practice and proceeding 

shall be changed or modified by the laws, ordinances or 

charter of said town — in which case the rule of practice and 

proceeding shall conform to the rule prescribed by such 

laws, ordinances or charter. 

§ 9. In all cases, arising under any ordinances of said Appeals, 
town or under this act, changes of venue and appeal shall, 
when apjtlied for, be allowed to the circuit court of said 
county of Union in the same manner as is provided in all 
other cases before justices of the peace: Prcnnded^ that in ProTi»o. 
all cases, arising out of any ordinance of said town or under 
this act, if either party wishes to appeal, he or they shall give 
notice, in writing, thereof to the justice of the peace before 
whom the case was tried on the day of the trial thereof, and 
shall file the necessary appeal bond with such justice of the 
peace within five (5) days from the day of trial. 

§ 10. The tow!i constable of said town shall qualify in conai^w*. 
such manner as the board of trustees may, by ordinance, 
prescribe, and shall have power and authority to execute 
all warrants and other process issued by the police magis- 
trates of said town, or any other justice of the peace of said 
county of Union. He shall have and may exercise, in all 
cases, the same power and authority that are given to other 
constables of said county by the laws of the state of Illinois, 
and shall be entitled to like fees for his services, and shall, 
in all cases of nonfeasance and misfeasance of duty, be sub- 
ject to the same penalties and liabilities that are provided by 
the laws of the state of Illinois for other constables, in like 
cases. 

Yol. Ill— 28 



218 



TOWNS. 



Dati«i of. 



§ 11. In all cases arising nnder the laws or ordinances 
of said town, any constable of the county of Union shall 
have the same power, right and authority to serve or execute 
any process issued therein, original or otherwise, that the 
said town constable would possess. Whenever the said 
constable of the said town shall see any person or persons 
engaged in any assault, assault and battery, riot, rout, 
affray, disturbing the peace of the inhabitants of said town, 
disturbing any public meeting, religious or otherwise, or 
shall see unlawful assemblages of any kind within said 
town, it shall be his duty to make immediate arrests of 
such person or persons on view, without warrant ; and in 
all such cases any constable of the county of Union shall 
have the same power of arresting without warrant as the 
said town constable in said cases would possess, and in all 
such cases in arrest without warrant, the constable making 
such arrest shall forthwith take such person or persons be- 
fore the police magistrate of said town, or in case of his ab- 
sence or inability to act, bJore any justice of the peace 
having an office in said town, and shall inform such police 
magistrate or justice of the peace of the nature of the 
offense for which such person or persons were arrested; 
and the said police magistrate or justice of the peace 
shall thereupon institute a suit against such person or 
persons, and proceed therein in all respects the same as if 
such person or persons had been arrested and brought be- 

ProTiio. fore him under warrant duly issued: Frovlded^ said town 

constable or other constable of the county making arrest as 
aforesaid, shall have the right, power and authority to de- 
tain if necessary, any person or persons so arrested, in cus- 
tody over night or the sabbath, in the town jail, watch 
house or county jail, or other safe place, or until such per- 
son or persons can be brought before the police magistrate 
or a justice of the peace having an office in said town. 

ProMGutiong. § 12. All prosecutions under the laws and ordinances 
of said town of Anna for assault, assault and battery, affrays, 
riot, rout, disturbing the peace of the inhabitants of said 
town, disturbing any public meeting, religious or otherwise, 
lawful assemblages of any kind, and in cases in which the 
penalty attached by the laws or ordinances ot said town is 
imprisonment in the jail of the town or county, shall be, ex- 
cept in cases of arrest without warrant, as hereinbefore pro- 
vided, commenced by complaint and warrant in the same 
manner prescribed by the laws of the state for the regula- 
tion of criminal proceedings in justices' courts, and in all 
such cases the rules of practice and proceeding shall be the 
same as are prescribed in such cases for justices' courts, by 
the laws of this state, except where the laws and ordinances 
of said town prescribe new rules or different rules of prac- 
tice or proceediugs, in which case the rules of practice or 



TOWNS. 2iy 

proceeding shall conform to the rules prescribed by the 
Jaws or ordinances of said town. 

§ 13. In all other cases for violating the laws or ordi- Re«soTery offp«- 
nances of said town, the penalty or penalties therefor shall ■*^*'*'' 
be recovered by action of debt in the nauje of the president 
and trustees of the town of Anna, and in all such actions of 
debt the first process shall be by summons to be issued, 
served and returned as other summons and actions of debt 
issued by justices of the peace of said county of Union, 
unless some competent person shall before the commence- 
ment of such action of debt file with the justice of the peace 
before whom such suit is about to be commenced, an afiidavit 
accusing the person or persons about to be sued with some 
one or more violations of the same nature, of the laws or 
ordinances of said town, specifying such ofiense or offenses, 
and stating that he or she verily believes that unless the 
person or persons so accused shall be forthwith arrested and 
brought to trial there is danger that tlie penalty or penal- 
ties in such cases shall be lost, and specifying the facts on 
which such belief is founded, in which case if the police 
magistrate or justice of the peace shall be of the opinion 
that there is reason to believe that the opinions set forth in 
such affidavit are correct, he may issue a warrant against 
the person or persons so accused, causing him, her or them 
to be forthwith arrested and brought before him ; and when 
the accused shall be brought before him, he shall proceed at 
once to the trial of such suit, which shall be by action of 
debt for the recovery of the penalty or penalties attached to 
the offense or offenses specified in the affidavit aforesaid, 
and if said defendant or defendants shall be found guilty, 
jointly or severally, of any one or more of the offenses spe- 
cified in such affidavit, the police magistrate or justice of 
the peace before whom such suit is tried, shall enter judg- 
ment thereon for the amount of the fine assessed and cost 
of suit as in other cases. 

§ 14:. In all actions of debt for offenses committed Actions of debt 
against the laws or ordinances of said town, it shall be law- commiwedu 
ful for the plaintiff in the same suit to allege, prove and re- 
cover for au}^ number of offenses of the same nature : Pro- 
vided^ that the amount recovered shall in no case exceed 
the sum of one hundred dollars. 

§ 15. The president and trustees of said town shall not, 
in any suit in which they are concerned for the violation of 
any law or ordinance of said town, either before the com- 
mencement or during the pendency thereof, be compelled 
to give any security therein for costs. The president or 
trustees or any other officers of said town shall be a compe- 
tent witness for either party in any suit for the violation of 
the laws or ordinances of said town. 

§ IG. Upon the rendition of any judgment for a breach Ju4gm«nt$. 
of any law or ordinance of said town, the police magistrate 



MO TOWNS. 

or other justice of the peace rendering such judgment shall 
forthwith issue an execution for the amount of such judg- 
ment and cost of suit, which may be levied upon and col- 
lected out of an}^ property of the defendant or defendants 
not exempt from execution by the laws of Illinois. But if 
tlie constable having such execution shall return thereon 
that he can not find sufficient property of defendant or de- 
fendants, not exempt from execution, to satisfy such exe- 
cution, then the said justice shall issue a capias against the 
bodv or bodies of defendant or defendants, and the con- 
stable shall arrest such person or persons, and convey him, 
them or her to the jail of the town or county, there to re- 
main forty-eight hours, and if the said tine and costs exceed 
the sum of live dollars, there to remain in said jail twenty- 
four hours for every two dollars over and above the said 
five dollars : Promded^ that the said police magistrate or 
justice of the peace shall have the power and authority to 
commute at his discretion at the rate of one dollar per day, 
on the day of trial, said imprisonment to labor on streets 
and alleys of said town : Provided^ however^ that if the 
president and trustees of said town, or their attorney, shall 
require a transcript of the judgment and costs to be cer- 
tified to the clerk of the said county of Union, to have the 
same levied upon real property, and shall signify the 
same to such justice, he shall not issue a capias, as afore- 
said, but shall, without delay, certify a transcript thereof, 
according to law, to said clerk, which shall be tiled and re- 
corded as in other cases ; and such judgment shall have, 
from the date of filing such transcript, the same force and 
effect as judgments rendered in said circuit court in all civil 
cases : Provided^ that if the defendant or defendants shall, 
in any case arising under the provisions of this act or any 
law or ordinance of said town, as hereinbefore provided, 
signify his, her or their intention of appealing, and shall 
file the necessary appeal bond, within the time required, 
the justice shall, if he approve such appeal bond, order the 
return ot any property that may have been taken under 
execution to satisfy such judgment. 
TAkiDg prirate § 17. Whenever it shall become necessary to take pri- 
pobfr/««. ^"' "^'^^G property for opening cr altering any public street or 
alley, the corporation shall make a just compensation to the 
owner or owners of such property, and pay or tender the 
same before opening or altering such street or alley, or be- 
fore taking private property for any public use, and in case 
the amount of such compensation can not be agreed upon, 
the police magistrate shall cause the same to be ascertained 
bv' a iury of six disinterested freeholders of said town. AH 
jurors itnpanneled to ascertain the amount of damages 
which shall be allowed to the owner or owners of any prop- 
erty that is about to be taken for any public purpose, shall 



TOWNS. 2J1 

first be sworn to that effect ; they shall then proceed to 
examine the property in question, and after carefully con- 
sidering both the advantages and disadvantages, that will 
probably accrue to the owner or owners thereof by such 
taking, and the proposed use of such property, they shall, 
within ten days make out and return their verdict, in wri- 
ting, and signed by each of said jurors, to the police magis- 
trate of said town, assigning to such owner or owners such 
damages as they think just; said police magistrate shall 
iile and docket such verdict, and shall forthwith cause the 
president and trustees, or their clerk or attorney and owners 
of property included in such verdict, to be notified of the 
contents of the same. The said police magistrate may, at 
any time within ten days of the tiling of such verdict, for 
good cause shown, set aside such verdict, and grant new 
inquest of damao:e8 ; if either party shall be dissatisfied with 
the verdict of the second inquest, they shall be allowed an 
appeal to the circuit court of the county of Union. When 
any such verdict not exceeding the sum of one hundred 
dollars, shall be filed with the police magistrate, and enter- 
ed on his docket, unless set aside or appealed from, it shall 
l)e a judgment against the president and trustees of the 
town of Anna, in favor of such owner included therein, 
for the amount of damages thereb^y assessed to him ; and 
in case the sum assessed to any owner, exceeding one hun- 
dred dollars, the said police magistrate shall, on application 
of the person entitled thereto certify to the clerk of the 
circuit court of Union county a full and complete trans- 
cript of the proceedings and verdict in such case, which 
shall be filed and recorded by the clerk of said court in the 
same manner as other transcripts from justices dockets, and 
shall, from the time of such filing, have all the force and 
effect in favor of the person or persons entitled to such dam- 
ages, as a judgment obtained in said circuit court. 

§ IS. in ail cases arising under the laws and ordinances New trials, 
of said town, either before the police magistrate of said 
town, or any justice of the peace of the county of Union, 
the court shall, for good cause shown, have power to set 
aside the verdict of the jury, and grant a new trial of the 
case : Promded^ that the application for setting aside the 
verdict shall be made when such verdict is returned into 
court. 

§ 19. The board of trustees may, in their discretion, sidewalks, •»«. 
tax the real estate adjoining which any sidewalk or pave- 
ment shall be ordered to be constructed or repaired, the 
whole expense of constructing or repairing the same. They 
shall have power to build a town jail or calaboose, and pro- 
vide by ordinance for the punishment of any offender or 
offenders by imprisonment therein. 

§ 20. The board of trustees shall have power to erect Markets, etc. 
market houses, to establish markets in market places, and 



222 TOWNS, 

provide for the government and regulation thereof; to 
direct and regulate the planting of shade trees in or aloug 
the streets of the town. 

wttabkouse. § 21. To build or provide a watch house or town jail ; 
to prevent horse racing and immoderate riding. 

Animals at i&rse g 22. To restrain cattle, hogs, sheep and dogs from run- 
ning at large. 

Indebtedness. § 23. To borrow Hiouev ou the credit of the town, at 
an interest not exceeding ten per cent, upon a vote of the 
qualitied voters of the town, bj ballot, for which purpose a 
special election shall be called, by the president giving ten 
days' notice; and if a majority of the legal voters are in 
favor of such loan, it may be made, not otherwise. 

"mlSTir^tJ*"' § 24. No trustee of the town, while serving as such, 
and for one year after his term of service has expired, shall 
be engaged or interested in any contract with said corpora- 
tion, and any trustee violating this provision shall, on con- 
viction thereof, be lined not less than ten nor more than 
one hundred dollars for each offense. 

§ 25. The board of trustees shall cause to be published 
annually, a full and complete statement of all moneys re- 
ceived and expended during the preceding year, and on 
what account received and expended. 

Meetiiif.. g 2g^ There shall be at least one regular meeting of the 

board of trustees in each month, at such time and plaice as 
shall be prescribed by ordinance or resolution. The presi- 
dent or two trustees may call special meetings of the board 
of trustees. 

?Micefc^ °'^*' § ^'^^ ^^^ ordinances of the town may be proven by 
the seal of the corporation, and when printed or published 
by the authority of the corporation, in book, pamphlet or 
any other form, the same shall be received in evidence in 
all courts and places without further proof. 

ETidenw»f. §28. This act is hereby declared to be a public act, and 

may be read in evidence in all courts of law and equity in 
this state, without proof. 

*p«ii«S' '*"" § 29- ^^^ sections or parts of sections of an act entitled 
"An act to incorporate the town of Anna," approved Feb- 
ruary 16, 1865, in conflict with the foregoing amendments 
are hereby repealed. 

§ 30. This act shall be in force from and after its pas- 
sage. 
Afpeoved March 8, 1867. 



Speoial meet 
inga. 



TOWNS. 223 



AN ACT to incorporate the town of Louisville. In force March 

^ 1, 1807. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Louisville, in Claj county, and 
state of Illinois, are hereby constituted a body politic and 
corporate, by the name and style of '' The President and Name and stric 
Trustees of the Town of Louisville," and by that name and 
style to have perpetual succession, and have and use a com- 
mon seal, which they may change and alter at pleasure, 
and in whom the government of the corporation shall be 
vested, and by whom its affairs shall be managed. 

§ 2. The inhabitants of said town, by the name and P«w«ri. 
style aforesaid, may sue and be sued, plead and be im- 
pleaded, defend and be defended, in all courts of law and 
equity, and in all actions whatsoever ; and purchase, receive 
and hold property, real and personal, within and beyond 
the limits of said town, and improve and protect such pro- 
perty, and do all things thereto as natural persons. 

§ 3. That said incorporation shall include all of the Bound»rt««. 
south-west quarter of section twenty-three, in town four 
north, of rane'e six east of the third principal meridian; 
also, the south half of the north-west quarter of said sec- 
tion, and all that part of the south-east [quarter] of said sec- 
tion which is situated west of the Little Wabash river. 

§ 4. On the first Tuesday of April of each year, the Election of om. 
inhabitants of said town shall elect four trustees, and one ^^"' 
president of the board of trustees, one clerk of said board, 
and one treasurer, and one justice of the peace, to be styled 
the police justice, and one constable, who shall hold their 
offices one year, and until their successors are elected and 
qualified, except the justice of the peace and constable, 
who shall, after the next quadrennial [election] of justices 
of the peace, hold their offices for four years ; which said 
justice of the peace and constable shall qualify in the same 
manner, and have the same jurisdiction, and be subject to 
the same liabilities, as other justices of the peace and con- 
stables. 

§ 5. The president of the board of trustees of said town Presidemt. 
shall be, ex officio^ a member of the board of supervisors of 
8aid Clay county, and shall have the same powers as any 
other supervisor of said county or member of said board, 
and receive the same compensation for the same services. 

§ 6. That Peter Green, L. S. Hopkins and H. K. JSTeft*, Election*. 
lor any two of them, shall be judges of the first election 
under this act, after which the president of the board of 
trustees, the clerk and treasurer of said board, shall be the 
judges of the election. Said election shall be conducted in 
accordance with the laws of this state pertaining to elec- 
tions. Ten days' notice of the time and place of holding 



224 TOWNS 

any election of trustees shall be given by the judges of the 
election, by advertisement in any weekly Newspaper pub- 
lished in said town, or by posting notices in three of the 
most public places in said town. 
Qualifications of § 7. No pcrsou shall be elected president of the board 
president ^^^' ^j.^g^ggg q}' gjii(;i towu, or trustcc thereof, who shall not 
have been, for one year previous to said election, a resident 
and bo7ia fide freeholder within the corporate limits of said 
town — which residence shall not be for the purpose of edu- 
cation, or for any other temporary object — and who shall not 
be a qualitied voter at all elections for state and county 
officers. 
Dutiei and pow- § 8. The trustecs shall be the judges of the elections, 
•is of trustees, qualirications and returns of the president, and of their 
own members, and of the clerk and treasurer. A majority 
of the trustees shall constitute a quorum to do business, but 
a smaller number may adjourn from day to day, and compel 
the attendance of absent members, in such manner and 
under such penalties as they may provide; and punish the 
members for disorderly conduct, and, by vote of three- 
fourths of the whole number elected, expel a member; and 
make such other rules and regulations for their government 
as to them may seem proper and expedient ; and shall have 
power to till any vacancies in the board of trustees, presi- 
dent, clerk or treasurer, as may be occasioned by death, 
resignation, removal, or continued absence from the town 
forever three months : Pnmded^ they shall not appoint 
any one of their own number to any of said offices; and 
the president shall in no case have a vote, except in case of 
a tie. 

§ 9. The president and trustees shall have power — 
tr»€t labor, FiTsL — To causc all the streets, alleys and public roads, 

except county bridges, within the limits of said town, to be 
kept in good repair; and, to that end, ma}^ require every 
able-bodied male resident of said town, over the age of 
twenty-one and under the age of fifty years, to labor on the 
same not exceeding three days in each and every year, 
and, if the said labor be insufficient for that purpo.-e, to ap- 
propriate as much of the general funds of said corporation 
as they may deem necessary for that purpose, 
ftreet improve- Second. — To Open, alter, vacate, widen, extend, establish, 
mtnt*. grade, pave or otherwise improve any street, avenue, lanes, 

alley or public road within the limits of said town. 
TaxM. Third. — To make, construct, improve and keep in repair 

sidewalks or pavements. All taxes ordered by the trustees 
shall be collected in the manner provided in the ninth sec- 
tion of an act entitled "An act to incorporate cities and 
towns," approved February 10, 1849, for the collection of 
corporate taxes. 

J^'ourth. — To levy and collect taxes upon all property, 
both real and personal, within the limits of said corpora- 



tion, not exceeding one-half per cent, per annum upon 
the assessed vahie thereof, and may enforce the payment 
thereof in any manner to be prescribed by ordinance, not 
repugnant to the constitution of the United States or of this 
state; but' until they provide by an ordinance for enforcing 
the payment thereof, the said property shall be assessed, 
and the tax collected, in the manner provided by the last 
section of the act last mentioned ; and the clerk of the 
board shall certify to the county clerk, ten days previous to 
the annual meeting of the board of supervisors, the rate of 
all taxes levied by said board. 

i^/z^A.— To restrain, regulate and prohibit the running at Animals at i*rge 
large of cattle, horses, sheep, swine, goats and other ani- 
mals, and' to authorize the distraining and impounding and 
sale of the same, and to prohibit the indecent exhibition of 
any horse or other animal. , 

8ixtL — To prevent the running at large of dogs, and to 
authorize the destruction of the same when running at 
large contrary to any ordinance. 

Seventh.— '^o prevent the immoderate riding or driving Abuse or am- 
of ^ any horse or horses or other animals within the limits of ""*''• 
said town ; to prohibit the abuse of animals ; to compel 
persons to fasten their horses or other animals, while at- 
tached to vehicles or otherwise, while standing or remaining 
in any street, alley or public ground within the limits of 
said town. 

Eighth. — To establish and maintain a public pound, and Pound, 
appoint a pound master, and prescribe his duties. 

Ninth.— To prohibit and restrain all descriptions of gam- Gambling, 
bling and fraudulent devices, and suppress and prohibit 
billiard tables, nine-pin alleys, and other gambling estab- 
lishments: Provided, they may have power to license 
billiard tables, nine-pin alleys, and other places of exercises 
and amusements. 

Tenth.~To suppress and prohibit disorderly houses, gro- Disorderly 
ceries or houses of ill-fame. " houses. 

_ Eleventh.— Tlo license, suppress and prohibit all exhibi- Exhibitions, 
tions of cornmon showmen of every kind, caravans, cir- 
cuses, exhibitions and amusements, and auctions. 

Twelfth,— To prevent, prohibit and suppress any riot. Riots, affrays, 
affray, disturbance or disorderly assemblage, assaults and ^^'^* 
batteries, or shooting within the limits of said town. 

Thirteenth. — To make regulations to prevent the intro- Sanitary, 
duction of contagious diseases into the town and to execute 
the same, for any distance not exceeding two miles from 
the limits thereof. 

Fourteenth.— To abate and remove nuisances and to pun- 
ish the authors thereof, and to define and declare what shall 
be deemed a nuisance in said town or for any distance not 
exceeding two miles from the limits thereof, and authorize 
and direct the temporary abatement of the same 

Yol. Ill— 29 * . . 



226 



ToWi^s. 



Buildings. 
General health 
Liquor traffic. 



Debts, etc. 



Necessary ordi- 
nances. 



Fifteenth. — To regulate the storage of gunpowder and 
other combustible materials. 
Fires, etc. Sixteenth. — To provide for the prevention and extinguish- 

ment of fires and to organize fire companies. 
Water. Seventeenth. — To provide the town with water for the 

extinguishment of fires and for the convenience of the 
inhabitants. 
Public grounds. Eighteenth. — To provide for the inclosing, improving 
and regulating of all public ground and all other ground 
belonging to said town. 

Nineteenth. — To provide for the erection of all needful 
buildings for the use of said town. 

Tioentieth. — To make all needful regulations to secure 
the health of the inhabitants thereof. 

Twenty-first. — To license, regulate and prohibit the sell- 
ing, bartering, exchanging and trafficking in wine, rum, gin, 
brandy, whisky, ale or strong beer, or any other intoxica- 
ting liquors,' within the limits of said town, and to prevent 
the giving away the same by any trader, dealer, shop or 
tavern keeper, to be used as a beverage. 

Twenty-second. — lo appropriate and provide for the pay- 
ment of any debt or expenses of the town and to fix the 
compensation of their officers. 

Twenty-third. — To make all ordinances which shall be 
necessary and proper to carry into execution the powers 
specified in this act, or which they may deem necessary and 
expedient for the better regulation of the internal police of 
said town, and execute the same and impose fines, forfeit- 
ures and penalties for the breach of any ordinances or the 
provisions of this act, and to provide for the recovery and 
appropriation of such fines and forfeitures, and the enforce- 
ment of such penalties : Provided^ that in no case, as in 
assault, assaults and batteries, riots and affrays and breaches 
of the peace, shall any such tine or penalty exceed the sum 
of fifty dollars for any one offense. 

§ 10. That the president and board of trustees of said 
town shall have power to appoint street commissioners, 
boards of health, and other officers that may be necessary, 
and prescribe their duties, and to require bonds from the 
several officers for the faithful discharge of their duties. 

§ 11. The president and trustees shall require the clerk, 
and it shall be his duty, to make and keep a full and 
faithful record of all their proceedings, by-laws and ordi- 
nances, and of the time, place and manner of the publication 
of each ordinance and by-law, in a book to be provided 
for that purpose ; and all ordinances before taking effect, 
shall be published at least ten days in a newspaper pub- 
lished in said town, if there be one, or by posting up 
notices of the same in three of the most public places in said 
town. The book or books purporting to be the records of 
said corporation of the said town of Louisville, or a duly 



Appointment of 
offlceri. 



Clerk. 



TOWNS. 227 

certified transcript thereof, shall be received in all courts 
without further proof, as evidence of all such matters 
therein contained. 

§ 12. Any fine, forfeiture or penalty incurred under Recovery of 
this act, or any by-law or ordinance made in pursuance of ^°^^' ^*°' 
this act, or any act that may be passed amendatory to this 
act may be recovered, with costs, before any justice of the 
peace of the proper county, in the name of the corpora- 
tion, and the several fines, forfeitures and penalties for the 
breaches of the same ordinances or by-laws, not exceeding 
one hundred dollars, may be recovered in one suit, and the 
first process shall be by summons, unless oath or affirma- 
tion be made by some credible person ; but in all cases of 
assault and battery, affray or riot, a warrant shall issue for 
the offender or offenders in the same manner as for like 
oftenses against the laws of this state. It shall be lawful 
to declare for debt generally, for such fines, penalties and 
forfeitures, stating the clause of this act or the ordinance or 
by-law under which the same is claimed, and to give the 
special matter in evidence under the declaration, and the 
parties shall proceed to hear and determine the cause as in 
other cases. Upon the rendition of judgment for any fines, 
forfeitures and penalties, the justice shall issue his execu- Executions, 
tion for the same and cost of suit, which may be levied upon 
any personal property of the defendant or defendants not 
exempt from execution. If the constable shall return upon 
such execution no property found, or not sufficient to satisfy 
the same, then the justice shall issue a capias against the 
body of the defendant or defendants, and the constable 
shall arrest such person or persons, and commit him, her 
or them to the common jail of the count}^ to remain ninety- 
six hours ; and if the judgment and costs exceed five dol- 
lars, then to remain in close custody in said jail twenty-four 
hours for every one dollar over and above the said five dol- 
lars, and so in proportion to the amount of said judgment 
and costs : Fromded^ however^ that the said president or Proyiso. 
trustees or their attorney, shall require a transcript of said 
judgment and costs to be certified to the clerk of the circuit 
court of the proper county, to have the same levied upon 
real property, and signify the same in writing to him, the 
justice shall not issue a capias as aforesaid, but shall, with- 
out delay, certify a transcript thereof and all the proceed- 
ings, according to law, to the said clerk, which shall be filed 
and recorded as in other cases, and such judgment shall 
have the same force and effect as judgments rendered in 
the circuit court : Provided, an appeal may be granted Appeaii. 
within five days after the rendition of the judgment, with 
the same force and efiect, rights and privileges, to all par- 
ties as in other cases : Provided, no person shall be impris- Proviso, 
oned under the provisions of this section, unless the said 
town shall first cause to be deposited with the sheriff of the 



^28 TOWNS. 

county the sum of three dollars for the board of such per- 
son, and like amount for each week thereafter such person 
shall so remain in jail. 
Securities for § 13. The president and trustees shall not be required, 
costs. jjj g^^jj-g instituted under this act, or any ordinance passed by 

virtue thereof, to file before the commencement thereof any 
security for costs. 
Disposition of § 14. All fiucs, penalties or forfeitures, received or col- 
fine«, penalties, ^g^ted for the breach of any ordinances under the provi- 
sions of this act, and all moneys received for licenses of gro- 
ceries or otherwise shall be paid into the treasurer of said 
corporation by the officer or person receiving the same, to 
be used for the town and corporate purposes. 
Exemption from § 15. The inhabitants of said town are hereby exempt- 
road labor. q^ froui working ou any road beyond the limits of said cor- 
poration, and from paying tax on any property within its 
limits, to procure laborers to work on any such road. 
Act Submitted to § 16. Be it fuHher enacted^ That this act shall be sub- 
legai voters, ^^ittcd to a votc of the inhabitants of said corporation, at 
an election to be held for that purpose, the judges of which 
said election shall be the said Peter Green, L. S. Hopkins 
and Henry R. Neff, or any two of them, and said judges 
shall cause to be given ten days' notice of the time and 
place of holding said election, by posting up notices thereof 
in three of the most public places in said corporation ; and 
if a majority of the legal voters of said corporation voting 
at said election, shall vote in favor of adopting this act of 
incorporation, the same shall be in full force and effect 
thereafter, but not otherwise. 

§ 17. This act is hereby declared to be a public act, and 
may be read in all courts of law and equity within this 
state without proof, and shall take effect from and after 
its passage. 

Approved March 1, 1867. 



In force KeV/y AN ACT to incorporate the town of Lake, iu the countv of Cook, and 
28- ^^"' state of Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejynsented in the General Assembly, That the inhab- 
itants and residents of the town of Lake, in the county of 
Cook, and state of Illinois, be and the same are hereby 
constituted a body politic and corporate, by the name and 

Nam* and ityie. ^tylc of "The Town of Lake," and by that name shall have 
perpetual succession, and may have and use a common seal, 

Powers. ^^ ^^t) ^s ^^^y ^^'^y choose, which they may change and 

alter at pleasure ; have power to sue and be sued, plead and 



TOWNS. 229 

be impleaded, in all courts of law and equity, in all actions 
whatever ; and ])urchase, receive and hold property, real 
and personal, within and beyond the limits of said town, 
for public grounds or town purposes, for the use of the in- 
habitants of said town ; and may sell, lease or dispose of 
property, real and personal, for the benefit of said town, 
and improve and protect such property and do all things 
in relation thereto, as natural persons. 

§ 2. The boundaries of said town shall include within Boundaiieg. 
their limits all that district of country now known as the 
Town of Lake, county of Cook, and state of Illinois. 

§ 3. The government of said town shall be vested in five Qualified trus- 
trustees, to be elected by the qualified voters of said town, *®®^- 
and no person shall be a trustee of said town who has not 
arrived at the age of twenty-one years, and who has not 
resided in said town one year next preceding any election, 
and is not a citizen of the United States. The supervisor, 
assessor and collector of said town of Lake, and their res- 
pective successors in office are hereby constituted and de- 
clared to be, ex-officio^ three of said board of trustees. Two 
of the said live trustees may be appointed by the county 
judge of the said county of Cook, on the application, in 
writing, of the supervisor, assessor and collector of the said 
town of Lake, at any time after this act shall become a 
law ; and their successors in office shall be elected at the 
next annual election thereafter, and biennially after the said 
next annual election, in the same manner that the other 
town officers of said town are elected, xlnd the said board 
of trustees may organize at any time after the said two 
trustees shall have been duly appointed as aforesaid, and 
may then enforce any and all the provisions of this act. 

§ 4. The board of trustees shall determine the qualifi- Rules of pro- 
cations of its members and have power to determine the ^®^^'"ss. 
rules of their own proceedings, punish a member for disor- 
derly conduct, and with a concurrence of four-fifths of said 
board of trustees, expel a member for disorderly conduct. 
A majority of said board shall constitute a quorum, but a Quorum- 
smaller number may adjourn from time to time, and compel absentees. 
the attendance of absent members, under such penalties as 
may be prescribed by ordinance. 

§ 5. Each of the said board of trustees shall, before oath of office. 
entering upon the duties of his office, fake an oath to per- 
form the duties of his office to the best of his knowledge 
and ability, to support the constitution of the LTnited States 
and of this state. There shall be at least one regular meet- Meetings, 
ing of said board of trustees in each month, at such time 
and place as may be prescribed by ordinance, with power 
to adjourn from time to time, as may be deemed necessary. 
The supervisor shall preside at all meetings, and in case of 
his absence or inability to act at any meeting of the board, presiding officer 
one of their number may be chosen chairman, who shall 



230 TOWNS. 



1 



preside at that meeting. Tlie supervisor or any two mem 
bers of said board of trustees may call special meetings, 
when deemed necessary. 

Powers, etc. ^ § 6. The Said board of trustees shall have power, from 
time to time — 

street improve- I'ivst, — To cause auv Street, alley, or hio-hway to be 
opened, altered, widened, extended, laid out, graded, paved, 
macadamized, planked, clayed, graveled, or otherwise im- 
proved, and to keep the same in repair. 

Drains, etc. Secoud. — To cause sidewalks, crosswalks, main drains and 

sewers, private drains and aqueducts, to be constructed and 
laid, relaid, cleansed and repaired, and to connect them, or any 
of them, with any drain or sewer running through Hyde 
Park, on paying a reasonable compensation therefor, and 
to regulate the same. 

Toll houses, etc Third.— To erect and maintain toll-houses and toll gates 
on any street, avenue or public highway in said town of 
Lake, except State and lialstead streets, after iirst making 
a good drive or road thereof, and may demand, collect and 
receive of and from any and every person using and pass- 
ing over any such street, avenue or public highway, such 
toll or compensation for using or passing over the same as 

stock-dividend the Said trustees may from time to time deem proper ; and 

and interest. , . i. i x- ^i j_ p -^ ^' i ,, 

to issue stock tor the amount of money any person shall 
advance for constructing any such toll road or street, and 
to pay interest, for dividends thereon in the same manner 
and to the same extent that toll roads organized under the 

Powers sn* pri- general law of this state can do, and shall have all the pow- 

Tiiegee. gj,g^ privileges and immunities that are granted under and 

by virtue ot the general laws of this state for such purposes. 

Animals at large -touvHi. — To regulate the running at large of cattle, 
horses, sheep, swine, goats, and other animals, and to pro- 
hibit any indecent exhibition of horses and other animals. 

Pounds. To establish and maintain a public pound, and appoint a 

poimd master, and prescribe his duties, fees and compensa- 
tion for his services. 

Dogs. IHfth. — To prevent the running at large of dogs, and to 

provide for the destruction of the same when running at 
large contrary to ordinance. To prevent public dog tights, 
bull fights, prize fights, or any public or private fighting, 
and to restrain loud and unbecoming, profane or indecent 
language or disorderly conduct in said town. 

Liquor traffic. Sixth. — To Hcensc, tax and regulate the selling, exchang- 
ing and traffic of any wine, rum, gin, brandy, whisky, ale, 
beer, porter, cider or other intoxicating liquors, within the 
limits of said town ; and any person who shall take out a 
license from said trustees as prescribed by ordinance, shall 
not be required to take a license from the county clerk, and 
the money received for such license shall be paid over to 
the commissioners of highways, and be laid out by them 
on the public roads and streets in said town. 



TOWNS* 23i 

Seventh. — To provide for inclosing, improving and regU- Public grounds, 
lating all public grounds belonging to said town, or that 
may hereafter be acquired by said town ; to provide for the 
inspection and weighing of hay and measuring of lire- wood ^^^^°^ *°^ ^^^^ 
and other fuel to be used in said town. 

Eighth. — To require railroad companies to construct and Railroad crosi- 
keep in repair suitable crossings at the intersections of '°°"^' 
streets and alleys when the board of trustees shall deem it 
necessary, and to cause to keep open and in repair ditches, 
drains, sewers and culverts on the sides of their railroad 
tracks, so that filthy or stagnant pools of water can not 
stand on their grounds or right of ways to the injury of 
said town, and of the health of the inhabitants thereof, and 
to regulate the speed of locomotive engines in said town or 
any part thereof. 

''Ninth. — To compel the owner or occupant of any soap Nauseous and 
factory, tallow chandler shops, tannery, grocery, privy, offensive estab- 
cellar, stable, barn, sewer, or other unwholesome, nauseous 
house or places, to cleanse or remove or abate the same as 
often as may be nocessary for the health, comfort and con- 
venience of the inhabitants of said town ; to direct and reg- 
ulate the location, construction and management of brewe- 
ries, tanneries, packing houses, distilleries and slaughter- 
houses, so that the same shall not be an injur};^ to said town 
or injurious to the inhabitants thereof; and to license and 
restrain steaming or rendering lard, tallow, offal, and such 
such other substances as can or may be rendered, and all 
establishments or places where any nauseous, offensive or 
unwholesome business may be carried on ; to regulate, re- 
strain, prohibit and punish, by fine or imprisonment, shoot- 
ing in said town. 

Tenth. — To make regulations to secure the general health General health. 
of the inhabitants of said town ; to prevent the introduction 
of contagious diseases into the town ; to prevent depositing 
any dead bodies, night-soil, corrupt or filthy substance or 
thing in said town; to abate and remove nuisances, and 
punish the authors thereof by fine, penalties and imprison- 
ment, and to make all necessary laws and rules for that 
purpose and to enforce the same, but nothing in this act 
shall be so construed as to oust any court of jurisdiction by 
indictment or otherwise. 

Elefcenth. — To restrain, prohibit and punish, by fine or .pj-e^^g^ etc, 
imprisonment, the cutting of trees or shrubbery upon any 
of the pubhc grounds or highways, streets or alleys in said 
town. 

Twelfth. — To appoint town constables to fill any vacancy constables. 
caused by death or resignation of any constable, and to 
appoint as many policemen as they shall deem necessary, 
who shall be qualified by taking the oath of office, in the 
same manner that constables are, and who shall have the 
same power and authority to serve process, writs, and make 
arrests, and do any and all things or acts within the power 



232 



TOWNS. 



Jurisdiction 
offenses. 



Suits at la^. 



of 



Prosecutions. 



Improvements 
— expenses of. 



Assessments for 
improvements. 



Commissioners 
sworn. 



Assessed real 
estate. 



and authority of constables, and to provide reasonable com- 
pensation for services and expenses of such policemen and 
constables. 

§ 7. Any justice of the peace of said town, or any court 
of record of Cook county, shall have jurisdiction of any 
oifenses under the orders, ordinances or resolutions of said 
board of trustees. 

§ 8. All actions brought to recover any penalty or for- 
feiture incurred under this act, or the ordinances or resolu- 
tions, by-laws or police regulations made in pursuance of 
it, shall be brought in the corporate name. It shall be 
lawful to declare generally in debt for such penalty or for- 
feiture, stating the clause of this act or the by-laws or ordi- 
nances under which the penalty or forfeiture is claimed, 
and to give the special matter in evidence under it. 

§ 9. In all prosecutions for the violation of any ordi- 
nance, by-law, police or other regulation, the iirst process 
shall be a summons, unless oath or affirmation be made for 
a warrant, as in other cases. Any fine imposed for viola- 
tion of any order, ordinance or regulation, shall be paid to 
said board, and shall by them be used to defray such ex- 
penses as may be incurred in the exercise of their powers. 

§ 10. The expenses of any improvement mentioned in 
the foregoing sections shall be assessed upon the real estate 
in said town of Lake benefited thereby, with the costs of 
the proceedings therein, in proportion, as nearly as may be, 
to the benefit resulting thereto. 

§ 11. The amount to be assessed for any such improve- 
ment or purpose, shall be determined by the said board of 
trustees, and they shall by ballot appoint, by a majority of 
said board, two respectable freeholders of said town of 
Lake, who, with the assessor of said town, (who shall always 
be one of the three commissioners,) shall make such assess- 
ment. The commissioners and assessor thus appointed 
shall be sworn faithfully and impartially to make such as- 
sessment, and do their duty to the best of their ability. 

§ 12. Before entering upon their duties, the commis- 
sioners shall give six days' notice to all j)ersons interested, 
by posting up notices in three of the most public places in 
said town of Lake, of the time and place of meeting ; and 
they may if necessary adjourn from day to day. The com- 
missioners shall assess the amount directed by the said 
board of trustees to be assessed upon the real estate by them 
deemed benefited, resulting thereto as nearly as may be, 
and briefly describe in the assessment roll to be made by 
them the real estate in respect to which any assessment is 
made. 

§ 13. When the commissioners shall have completed 
their assessment and made a correct copy thereof, and each 
commissioner signed the same, they shall deliver the assess- 
ment roll to the town clerk of said town of Lake, within 
sixty days after appointment. The town clerk shall there- 



TOWNS. " ^33 

Upon cause notices to be posted up in three of the nios.t 
public places of said town for the space of six days, to all 
persons interested, of the completion of the assessment and 
of the filing of the roll. Time and places shall be desig- 
nated therein for hearing objections. 

§ 14. Any person or persons interested may appeal to Appeal*, 
said board of trustees for the correction of the assessment. 
Appeals shall be in writing, and tiled in the town clerk's 
office within sixty days after the notice shall have been 
posted up, as provided in the foregoing section. The board 
of trustees may adjourn such hearing from day to day, and 
shall have power in case of appeal or otherwise, in their 
(Jiscretion, to revise and correct the assessaient roll in any 
way they may deem best, by appointing three other com- 
missioners, or otherwise, and w'hen confirmed it shall be 
final and conclusive on all parties interested. When con- 
firmed the assessment shall be collected as hereinafter pro- 
vided, and no appeal or writ of error shall lie in any case 
from such order or determination. If any assessment be Newas»Mim»»t 
set aside by order of any court, the board of trustees may 
cause a new one to be in like manner for tHe same purpose 
for the collecting the amount so assessed. If any vacancy vacancy in of. 
happens in the office of commissioner at any time, by reason g£nerj^.°°^"*'' 
of the removal, failure or refusal, or inability from sickness 
or other cause, to serve, the board of trustees may fill such 
vacancy. If the first assessment prove insufficient, another 
may be made in the same manner; or if too large a sum 
shall at any time be raised, the excess shall be refunded 
ratably to those by whom it was paid. 

§ 15. Commissioners appointed under this act, (and compeasauomo * 
the said assessor) may be sworn into office by the town 
clerk, and said commissioners shall be allowed three dollars 
a day each for actual service, which together with all other 
expenses in relation to any assessment made in pursuance 
of this act shall be deemed part of the expense of the im- 
provement and included therein. 

§ 16. When the assessment shall have been confirmed TowueUrk. 
as hereinbefore provided, it shall be the duty of the town 
clerk to file the same in the office of the clerk of the county 
court of the said county of Cook, and it shall be the duty of 
said clerk of the county court, in the warrant next there- 
after to be issued for collection of state and county taxes 
levied upon the real estate in said town of Lake, to set down 
in a column for that purpose provided, opposite the several 
lots, pieces or parcels of real estate upon which assessments 
have been made for benefits as hereinbefore provided, the 
amounts of said assessments respectively ; and it shall 
thereupon be the duty of the collector of taxes for the state 
and county to collect the said assessments and enforce the 
payment thereof in the same manner and with all the 
rights, power and authority that he has to collect state and 
Yol. III—30 



234 TOWNS 

county taxes, and sliall pay the same over to the supervisor 
or the otticer entitled to receive the town tax, at the same 
time that he is required to pay over the county revenue, 
and the proper court of said county shall render judgment 
airainst and order tlie sale of any lot, piece or parcel of real 
estate for the non-payment of the said assessment and costs, 
in the same manner as is or may be provided for state and. 
county taxes, and judgment shall be rendered for the ao^gre- 
gate amount fov state, county and other taxes, and the as- 

Saie. sessment aforesaid. The sale shall be conducted upon the 

same notice and juds^ment, and in the same manner as is or 
may be provided by law tor state and county taxes. The 

Right ^ of re- rigjit of redemption shall exist and be exercised in the same 
dempuoQ. manner, and deeds for property sold tor any assessment 
levied under this act shall be executed by the same persons 
and shall have the same effect as evidence as deeds exe- 
cuted in pur-uance of the Ihws now in force or hereafter to 
be en.tcted providing for the collection of state and county 
taxts in the counties adopting the township organization. 

Comp?n?Rt.inn Jhy Collector shall receive the same compensation for the 
collection of sai'd assessments as is allowed for the collec- 
tion of state and county taxes, to be paid out of the funds of 
tlie said town of Lake, and he shall be liable on his bonds 
for the faithful performance of the duties required under 
this act. 

cinstruotion of § 17, This act sliall be deemed and taken to be a public 
act, and construed in the most lii)eraland beneficial manner 
to carry out \U provisions, and be in force from and after 
its pat-sage. 

Appkoved February 28, 1867. 



ajt 



Iq forco Yeh'y AX ACT to vacate a certain part of Holden's addition to the town of 
28,1S07. Frankfort, in Will county. 

Section 1. Be it eytacted hy the People of the State of 
Illinois, represented in the General Assembly^ That all that 
Vacation. part of Holden's addition to the town of Frankfort, in Will 

county, in this state, lying south of the center of Pacific 
street, and including blocks numbered five, (5,) six, (6) and 
seven, (7,) and all btreets and alleys lying between said 
blocks, be and the same are hereby vacated. 

§ 2. This act to be in force from and after its passage. 

Approved February 28, 1867. 



TOWNS. 235 



AN ACT to amend section three of article eight of "An act to incorporate In lorce March 
the town of Paris," approved February 16, 1857. ^' ^^^' 

Section 1. jBe it enacted by the People of the /State of 
Illinois^ represented in the General Assembly^ Tliat section A^iended te*^ 
three of article eight of "An act to incorporate the town of ^'"°* 
Paris," approved Febriiar}' 16, 1857, be and the same is 
hereby amended by adding thereto as follows, to-wit: The 
said council are hereby authorized to erect a calaboose, and 
imprison therein, temporarily, such person or persons as 
may be too drunk or disorderly to be tried at the time, oi' 
may use the county jail for such purpose. 

§ 2. This act shall be a public act, and take eiiect from 
aud after its passage. 

Appboved March 5, 1867. 



AN ACT to incorporate the town of Gilman, Iroquois county, state of In foi\'?fi March 

Illinois. ^'1*^6'- 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That the 
inhabitants of the town of Gilman, in the county of Iro- 
quois, and state of Illinois, are hereby constituted a body 
politic and corporate, by the name and style of ''The Presi- Name and style, 
dent and Trustees of the Town of GiLuan," and by that 
naine and style shall have pcipetual succes&ion, and have 
and use a common seal, which they may change and alter 
at pleasure, and in whom the government of the corpora- 
tion shall be vested, and by whom its aflairs shall be man- 
aged. 

§ 2. The inhabitants of said town, by the name and corporate pow- 
fltj'le aforesaid, may sue and be sued, plead and be impleaded, 
defend and be defended, in all courts of law or equity, and, 
in all actions whatever; and purcb.ase, receive and hold 
property, real and personal, within and beyond the limits 
of said town, fur burial grounds or for other purposes, tnr 
the use of the inhabitants of said town ; and may sell, 
lease or dispose of propert3\ real or personal, for the benetit 
of said town, and improve and protect such property, and 
do all things in relation thereto as natural persons. 

§ 3. The boundaries of said corporation shall include Boundariea. 
the following territory, to wit : The south-west quarter and 
the south half of the north-west quarter of section thirty- 
one, township twenty-seven north, range fourteen west of 
the second principal meridian; the east half of the south- 
east quarter of section thiity-one, township twenty-seven 
north, range eleven east of the third principal meridian ; 



136 



TOWNS. 



Election of trus- 
tees. 



'QuAlificatioDsof 
Toteri. 



PreBldent. 



Qoorom. 



EzpnUionc. 



VAtancle*. 



and tbe north half of the north-west quarter of section six, 
i»i township twenty-six north, range fourteen west of the 
second principal nieridian: Provided^ nevertheless^ the 
president and* trustees of said town may, at any time, by 
ordinance, extend the boundaries of said corporation in any 
direction, not to exceed one half mile. 

§ 4. That there shall, on the first Monday in April, 
1867, and on the first Monday in April annually thereafter, 
be elected five trustees for said town, who shall hold their 
offices for one year, and until their successors shall be 
elected and qualified ; and notice for the time and place for 
holding the first election shall be given by George H. Pot- 
ter, E. S. McCaughey, A. Dickerson, Hiram Jkker and 
Ehas Wanger, or a majority of them, by posting at least 
three notices in the most public places in said town, or by 
publishing the same at least ten days previous to said elec- 
tion, in any newspaper published in said town ; and annu- 
ally thereafter, notices in the same manner shall be given 
by the trustees for the election of their successors. No 
person shall be elected trustee of said town who is not a 
legal voter at general elections in this state, or who is not a 
freeholder in said town, or a honcb fide resident of said cor- 
poration. 

§ 5. That, at any election for trustees, any person^who 
shall be qualified to vote for state officers, and who shall 
have actuaJly resided in said corporation lor thirty days 
next preceding such election, shall be a legal voter. 

§ 6. That the trustees shall, at their first meeting, elect 
one of their number president, and shall be judges of [the] 
elections and returns of their own members, a majority of 
whom shall constitute a quorum to do business; but a 
smaller number may adjourn from day to day, and compel 
the attendance of absent members, in such manner and 
under such penalties as they may provide, and punish their 
members for disorderly conduct, and, by a vote of three- 
fourths of the whole number elected, expel a member, and 
make such other rules and regulations for their own gov- 
ernment as to them may seem proper and expedient; and 
shall have power to fill any vacancy in the board of trus- 
tees, occasioned by death, resignation, continued absence 
or otherwise, for any term not to exceed three months. 



J'OWKKS OF TUUSTKKS. 



■tr«et labor. 



§ 1. The president and trustees of said town shall have 
power to cause all the streets, alleys and public roads within 
the limits of said town to be kept in good repair; and, to 
this end, they shall require every male resident of said 
town, over the age of twenty-one years, and under the age 
of fifty, to labor on the same not to exceed three days in 



TOWNS. 237 

each and every year, and, if such labor be insufficient for 
that purpose, to appropriate so much from the general fund 
o^ the corporation as they shall deem necessary therefor. 

§ 2. To levy and collect taxes upon all property, real Taxation. 
and personal, within the limits of said corporation, not to 
exceed one per cent, per annum upon the assessed valua- 
tion thereof. Said taxes shall be collected by the township 
collector, as state and county taxes are collected. 

§ o. To restrain, regulate and prohibit the running at Animals atiarga 
large of cattle, horses, sheep, swine, goats and other ani- 
mals, and to authorize the distraining, impounding and sale 
of the same, and to prohibit any indecent exhibitions of 
horses and other animals. 

§ i. To prevent and regulate the running at large of 
dogs, to tax the same, and to authorize the destruction of 
the same when running at large contrary to any ordinance. 

§ 5. To regulate and prohibit any indecent exposure of ind€cencie«. 
person. 

§ 6. To prevent horse-racing, or any immoderate riding Ridiug and dri- 
or driving, within the limits of said town, of horses or '"°^" 
other animals; to prohibit the abuse of animals; to compel 
persons to fasten their horses or other animals, attached 
to vehicles, or otherwise, while standing or remaining in any 
street, alley, vacant lot or public road in said town. 

§ 7, To establish and maintain a public pound, and to pounds. 
appoint a pound master, and prescribe his duties, and to 
establish a sufficient prison for the confinement of disor- 
derly persons. 

§ 8. To restrain and prohibit all descriptions of gam- Gambling, 
bling and fraudulent abuses. 

^ 9. To suppress and prohibit disorderlv houses or ojro- Disorderly 

• 1 1 * i." 'ii X' " houses. 

ceries, and houses oi ill tame. 

§ 10. To liceusti and regulate, suppress and prohibit. Exhibitions. 
all exhibitions of common showmen, shows of every kind, 
caravans, circuses and exhibitions and amusements. 

§ 11. To prevent and suppress and prohibit any riot, i^i"^*. »flf>-*yi, 
afiray, disturbance of the peace by loud and unusual noises, 
or any disorderly conduct, disorderly assemblages, assaults, 
assault and batteries, firing of guns or pistols, within the 
limits of said town. 

§ 12. To abate and remove nuisances, and to punish the Nuisances, 
authors thereof, and to define and declare what shall be 
deemed nuisances. 

§ 13. To make regulations to prevent the introduction Sanitary. 
of contagious diseases into the town, and execute the same 
for any distance not exceeding one mile from the limits 
thereof. 

§ 14. To regulate the storage of gun-powder and other combustibiet 
combustible materials ; to provide for the prevention and 
extinguishment of fires, and to organize and establish fire 



238 TOWNS. 

Fires, etc compaiiies ; to provide the town with water for the conve- 
nience of the inhabitants. 

Improve streets g 15. To Open, alter, vacate, widen, extend, establish, 

grade, pave or otherwise iniprpve any streets, lanes, alleys 

or sidewalks within the limits of said town. 

Needful build- § 16. To provido for the erection of all useful buildings 
ings. ^*Qj. j-jjQ ^^gg Qf gr^j^ town. 

Liquor traffic. § 17. To suppress and prohibit the selling, bartering, 
exchanging and trafficking in wines, rum, gin, brandy, 
whisky, beer or other intoxicating beverages, within the 
limits of said town : Provided^ that said president and trus- 
tees may regulate and license the sale of such liquors, or 
any of them, in any manner not inconsistent v*'ith the laws 
of the state or of tlie United states. 

Debts, etc. § 18. To provide for the payment of any debts or ex- 

penses of the town, and to fix the compensation of town 
officers. 

Necessary ordi- § 19. To make ail Ordinances which shall be necessary 
and proper for carrying into execution the powers specified 
in this act, or wiiich they may deem necessary or expedient 
for the better regulation of the internal police of said town, 
and to execute the same, and to impose fines, forfeitures and 
penalties fur the breach of any ordinances or any of the 
provisions of this act, and to provide for the recovery and 
appropriation of such fines and forfeitures, and the entorce- 
• ment of such penalties: Provided^ that in no case except 
for assault, assault and batteries, riots and affrays, shall the 
fine be more than fifty dollars. 



nances. 



JUSTICES AND CONSTABLES. 



Election Of po- § 1- There shall be elected in the town of Oilman, by 

li^'^^jjj^tice and w^y^ qualified voters theieof, on the first Monday of April, 

18G7, and on the firct Monday of April biennially forever 

thereafter, a police justice and a town constable, who shall 

hold their offices for two years and until their successors 

shall be elected and qualified. 

Eligibility of. § ^- -N'opersou Shall bc eligible to the office of police 

justice or town constable who shall not have been a resident 

of the town for one year ne:it preceding his election, or who 

shall be under the age of twenty one years, or who shall 

not be a citizen of the United States. 

Manner of con- § ^- ^^^^ ^^^^ election of police justicc and town consta- 

dacting eiec ble, the town of Oilman is hereby declared an election pre- 

tiODB t/ * 

cinct, and such elections shall be conducted, and the returns 
thereof made, in the same manner as the election and re- 
turns of other elections of justices of the peace and con- 
stables. 
comtniBsioners' § ^' ^hc poljco justico shall be commissioued by the 
bondandoath. govemor of the State of Illinois a justice of the peace, and 
as such give bond and take and subscribe the same oath oi 



TOWNS. 239 

office as other justices of tlie peace, and shall have concur- 
rent jurisdiction with other justices of the peace of the state 
of Illinois, and shall have the same fees as other justices of 
the peace in biniilar cases. 

§ 5. The town constable sh'ill have such power and constable's 
authority-, and be entitled to such fees, and be placed under powers, etc. 
such bond conditioned for the faithful performance of the 
duties of his office as may be prescribed by the ordinances 
of the corporation hereby created, and shall have the same 
power and authority in all cases arising under the law of 
this state, as other constables of the county, and shall have 
the right to serve process as other constables at any place 
within the limits of the county of Iroquois, and shall have 
power to make arrests for violations of any of the ordinances 
of the town without a warrant from the justice of the peace. 
In case the police justice or coistable shall at any time be 
guilty of palpable omission of duty, or shall willfully or Maiconduct 
corruptly be guilty of oppression, mal conduct or partiality 
in the discharge of their duties, they shall be liable to be 
indicted in the circuit court of Iroquois county, and on con- 
viction shall be fined in any sum not exceeding two hund- 
red dollars, and removal frum office. 

ELECTIONS. 

§ 1. The first election shall be held by George H. Judges of ei»o- 
Putter, Levi Thompson, Hiram Baker, E. S. McCaughey ^'*'^'' 
and Frank U, Rogers, or a majority of them, who shall take 
the oath prescribed by the statute for jud^res of elections, 
and ever after, by the president and trustees of the town of 
Gil man, according to ordinances passed by them for elec- 
tions. 

§ 2. The president or any two of the trustees may call special m6«*r 
special raeeting^s of the board of trustees. In the absence ^"^'* 
of the president the trustees shall appoint one of their 
number chairman. 

§ 3. The president shall have power, whenever he may Exhibit books, 
deem it necessary, to require of any officer of said town 
an exhibit of his books and papers, and shall have power 
to do all other acts required of him by any ordinance made 
in pursuance of this act. 

SPECIAL POTVERS. 

§ 1. The trustees shaU appoint a clerk, whose duty cierkxduties. 
shall be to keep a correct record of all their proceedings, in 
a book provided for that purpose, and to record all ordi- 
nances passed by them, which record shall be admitted as 
evidence in any court of justice in this state. 

§ 2. The trustees shall cause all ordinances to be pub- pubiipation; of 
lished, in such manner as they shall provide, at least ten ordi'»a°<^s. 
days before they shall go into ©tfect. 



240 



Oath of office. 



Bonds. 



Appeals. 



ETidencdofact. 



TOWNS. 

§ 3. The trustees may make ordinances l-equiring all 
necessary officers to carry ont the requirements of this act. 

§ 4r. All the officers shall be sworn to support the con- 
stitution of the United States and of this state, and the 
necessary oath appending to office. 

§ 5. All bonds required from officers not mentioned in 
this act, shall be given to the president and trustees of the 
town of Oilman, and they, the trustees, shall fix their com- 
pensation. 

§ 6. Appeals shall be allowed in all cases arising under 
the provisions of this act, or of any ordinances passed in 
pursuance of this act, to the circuit court of Iroquois county ; 
and every such appeal shall be taken and granted in the 
same manner and with like effect as appeals are taken from 
and granted by justices of the peace, to the circuit court, in 
similar cases under the laws of this state. 

§ 7. This act is hereby declared a public act, and may 
be received in evidence in all courts of law and equity in 
this state, without proof. 

§ 8. 'This act shall take effect and be in force from and 
after is passage. 

Approved March 4, 1867.. 



In force March 
6, 1867. 



Vacated plat. 



AN ACT to vacate a portion of the plat of the town of New Liberty. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That all that 
part ot the town plat of the town of New Liberty, in the 
county of Adams and state of Illinois, lying south of Men- 
don and east of Main street, be and the same are hereby 
vacated. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 5, 1867. 



In force March 
6, 1867. 



Name and ityle. 



AN ACT to incorporate the town of Keokuk Junction. 

Section 1. Be it enacted hy the People of the State of 
Elinois^ represented in the General Assembly^ That the 
inhabitants and residents of the town of Keokuk Junction 
in the county of Adams, are hereby constituted and declar 
ed a body corporate and politic, by the name and style of 
" The president and trustees of the town of Keokuk Junc- 
tion,'* and by that name shall have perpetual succession, 



irowNs. 



ui 



and may have and use a common seal ; have power to sue Powers, 
and be "sued, plead and be impleaded, in all courts and 
places where justice is administered, in all actions whatso 
ever, to purchase, receive and hold property, both real and 
personal, in said town ; to purchase, receive and hold pro- 
perty, both real and personal, beyond the limits of said 
town, for burial grounds and other public purposes; to sell, 
lease and convey property, real and personal, for the use of 
said town ; to protect and improve any such property as the 
public good may require. 

§ 2. The boundaries of said town shall be as follows : BoancUrie*. 
Commencing at a point twenty rods north of the northwest 
corner of the southwest quarter of section number thirty- 
one (31), in township number two (2) north, and range five 
(5) west of the fourth principal meridian ; thence running 
east one mile to a point twenty (20) rods north of the north- 
east corner of the southeast quarter of section thirty-one 
(31), in same township and range ; thentje running south 
one-half mile and twenty rods to the southeast corner of 
same quarter ; thence running west on the township line 
between Clayton and North East township one mile to the 
southwest corner of North East township ; thence running 
north one-half mile and twenfy (20) rods, on the township 
line*between Houston and North East township, to the place 
of beginning. 

§ 3. The ficovernment of said town shall be vested in a President and 
president and four trustees; the said trustees to be elected 
annually by the qualified voters of said town ; and no per- 
son shall be a trustee unless at the time of his election he 
shall have resided in said town for the space of six months, 
shall be twenty-one years of age, and a citizen of the Uni- 
ted States ; and upon his removal from said town he shall 
vacate his office. 

§ 4. The board of trustees shall determine the qualifi- Ke^"o«- 
cation of its own members, and all cases of returns and 
elections of their own body ; a majority shall constitute a Q«omm. 
quorum ; but a smaller number may adjourn from day to 
day, and compel the attendance of absent membtrs under 
such penalties as may be prescribed by ordinance ; shall 
have power to determine the rules of their own proceed- Rules of pro- 
ings; punish a member for disorderly conduct ; and, with "^^^^ *°'^* 
the concurrence of two thirds, expel a member. # 

§ 5. The president and each of the trustees shall, be- oath of office, 
fore entering upon the duties of his office, take an oath to 
perform the duties of his office to the best of his knowledge 
and abilities ; and there shall be at least one regular meet- 
ing of said trustees in each month, at such times and places 
as may be prescribed by ordinances. 

S 6. The boundaries of said town, as herein defined. Election district 

I ^11 1' I T . /• 1 1 • o • • !• - justice of the 

shall constitute a district tor the election oi one justice oi peace — presid- 
the peace and one town constable, who shall be elected by '^^ °^*^'*' ^^'^ 
YoL 111—31 



24:2 TOWNS. 

the qualified voters of said town, at the same time and 
place at which the trustees are elected ; and the said justice 
of the peace shall give bond and qualify as other justices 
of the peace are required by law to do; and he shall be, 
ex officio, president of the board of trustees, and shall have 
the rifijht to give the casting vote in case of a tie, and pos- 
sess the same qualifications as are required of a trustee by 
the third section of this act ; and if he shall remove from 
said town his office shall be vacated. 

Ti«tote. § T- If two or more persons shall receive an equal 

number of votes for the office of justice or constable, the 
board of trustees shall proceed to determine the same by 
lot ; and all contested elections shall be determined as pre- 
scribed by ordinance. 

Election of offi- § 8. On the first Monday in the month of April, a. d. 

cers. 1867, and on the first Monday in April in each j4ar there- 

after, an election shall be held in said town for one town 
constable and four trustees, as aforesaid, who shall hold 
their offices for one year and until their successors are elect- 
ed and qualified, which election shall commence at ten 
o'clock in the forenoon, and close at four o'clock in the after- 
noon of said day. The present trustees shall appoint the 
judges and clerks at said election, who shall receive and 
canvass the votes, declare the result, furnish to each of the 
persons elected a certificate of his election, certify the votes 
for the justice of the peace hereinafter mentioned, when 
necessary, and constables, to the clerk of the county court, 
and lay the poll books of such election before the board at 
its first meeting. All subsequent elections shall be held 
and conducted as may be prescribed by ordinance ; and at 
said first Monday in April, 1867, shall also be elected one 

ju8tic« of the justice of the peace, who shall be, ex-ojfficio, president of 
peace. ^^^ board of trustees, who shall hold his office for the term 

of four years ; and at the election of trustees, every fourth 
year thereafter, his successor shall be elected. 

Qualified voters § 9. AH free white inhabitants of said town, w^ho are 
qualified to vote fo. state officers, and who have resided in 
said town one month next before any such election, shall 
be qualified to vote for town officers. 

Taxes, etc. § 1^). The president and trustees shall have power to 

levy, assess and collect a tax upon all property, real, per- 
sonul and mixed, in said town, which is now, or may here- 
after be, subject to state and county taxation, not exceeding 
one-half of one per centum upon the assessed value thereof, 
and may assess and enforce the collection of the same by 
any ordinance not repugnant to the constitution of the Uni- 
ted States, or of this state, or the said trustees may, if they 
think proper so to do by ordinance, adopt the annual assess- 
ment made of the property in said town by the county 
assessor, and cause the same to be collected by the county 

proTiso. collector : Provided, lands used and cultivated for agricul- 



TOWNS. 243 

tural purposes, of the amount of five acres or more, in any 
one piece or lot, within the corporate limits, shall not be 
subject to a corporate tax. , 

§ 11. If the president and trustees of said town shall Ase-eMmentt. 
determine to adopt the assessment made by the authority 
of the state and county, they shall give to the clerk of the 
county court of Adams county, or other officer whose duty 
it is by law to extend the tax by existing laws, notice of 
their intention so to do, which notice shall be a copy of 
their record of said assessment, and also the rate of taxa- 
tion ; and upon the receipt of such notice the said tax shall 
be extended and collected, and its collection enforced in the 
same manner as other revenue ; the clerk and collector 
shall be allowed the same compensation for services under 
this act as are allowed them for similar services under the proviso, 
revenue laws of this state : Provided^ that nothing contain- 
ed in this act shall be so construed as to prevent the said 
corporation from providing for the assessment and collec- 
tion of such taxes by ordinance. 

§ 12. The said board shall have power to appoint such Appointment at 
officers as may be judged necessary for carrying into eff'ect ^ *'®"' 
the powers conferred upon said corporation by this act. and 
to require them to give such bonds with such security, and 
take such oaths as may be judged necessary to insure a 
faithful performance of their respective duties, and shall 
have power to appropriate money and provide for payment Appropriationi. 
of the debts and expenses of the town. • 

To make regulations to secure the general health of the General health, 
inhabitants of the town. 

To declare what shall be deemed a nuisance, and to pre- 
vent and remove the same. 

To extend, establish, grade, or otherwise improve and street repairi. 
keep in repair streets, alleys, and lanes, in said town, and 
erect, maintain and keep in repair bridges. 

To provide for the erection of all needful buildings for Bmidings. 
the use of the town, and to provide for the inclosing, lay- 
ing off", improving and regulating all public grounds, squares 
and burial grounds belonging to the town. 

To license, tax and regulate auctioneers, merchants, re- Merchants, etc. 
tailers, grocers, taverns, eating houses, peddlers, brokers 
and drinking houses or saloons. 

To license, tax and regulate theatrical and other exhi- Exhibitions, 
bitions, shows, and amusements. 

To restrain, prohibit and suppress tippling houses, dram Disorderly 
shops, gaming houses, bawdy houses, and other disorderly houses. ' 
houses. 

To provide for the prevention and extinguishment of fires, ^'^es, etc. 
and to organize and establish fire companies. 

To regulate partition fences, and to provide for the in- Forage and fue. 
spection and weighing of hay and stone coal, and for the 
measurement of wood and fuel, to be used in said town. 



244 



TOWNS. 



FeM, etc. 



Fines, pU! 



Street encum- 
brances, etc. 



Fire-arms. 



JJecessary ordi 
nance;*. 



cenen;. ^ To provide for tho taking the enumeration of the inhab- 

itants ot said town. 

• ^ To regidate the election of town ofScers, define their du- 
ties, ai)d provide for the removal of any person holdino- an 
othce under the ordinances. ^ 

^ To fix^ the fees and compensation of all town officers 
jurors, witnesses and others, for services rendered under 
this act, or under any ordinance. 

To impose fines, penalties and forfeitures tor the breach 
ot any ordinance, and to provide for the recovery and ap- 
propriation of such fines and forfeitures, and the enforce- 
ment of such penalties. 

To prevent the encumbering of the streets, squares, lanes 
and alleys of said town. 

To protect shade trees. 
Animals at large To compcl pcrsous to fastcu horses, mules and other ani- 
mals, attached to vehicles, while standing upon any square, 
street, lane, alley, or uninclosed lot, for the violation of any 
ordinance in relation thereto. 

To prevent the running at large of dogs, and to provide 
for the destruction of the same when running at large con- 
trary to ordinance. 

To prevent the firing of squibs, rockets, guns or other 
combustibles or fire arms within the limits of said city. 

§ 13. The president and board of trustees shall have 
power to make all ordinances which shall be necessary and 
proper for carrying into execution the powers specified 
in this act, so that such ordinances shall not be repugnant 
to the constitution of this state and of the United States. 
The style of the ordinances of the town shall be* 
''Be it Ordained by the President and Trustees of [the] 
Town of Keokuk Junction^ And all ordinances shall 
Pabiication of. withiu OHO mouth after they are passed, be published in a 
newspaper printed in said town, or, if no newspaper is 
printed in said tow^n by posting copies of the same in four 
public places in said town; and the certificate of the pub- 
lisher of such nev/spaper, or of the clerk of the board, 
under the seal of the corporation, shall be prima faoie evi- 
dence of such pubhcation; and* no ordinance shall take 
ettect until the same shall have been published as afore- 
said. 

g 14. All ordinances may be proved by the seal of the 
town, and when printed or published in book or pamphlet 
form, and purporting to be printed or published by author- 
ity of the corporation, the same shall be received as evi- 
dence in all courts and places, without further proof 

§ 15. The president of the board shall preside"^ at all meet- 
ings of the board, when present, and in case of his absence at 
any meeting, the board may elect a temporary chairman, 
Heshall at all times be vigilant in enforcing the laws and or- 
dinances for the government of the town. ^ He shall inspect 



Proof o! 



PreiidAQ ( 



TOWNS, 346 

the COD duct of all subordinates, and cause negligent and 
willful violation of duty to be punished. He shall have the , 
power and authority to call on all male inhabitants of said 
town, over the age of eighteen years, to aid in enforcing: 
the laws and ordinances, and, in case of a riot, to call out 
the militia to aid in suppressing the same, or in carrying 
into effect any law or ordinance ; and any persons or person 
who shall fail to obey such call shall forfeit any pay to said 
corporation the sum of five dollars each. 

§ 16. The said president shall be commissioned by the jurisdiction ot 
trovernor as, and he shall have and exercise the same r^^®'/ p^°*^ 

C5 ' , , 1168) etc 

power and jurisdiction conferred upon other justices of the 
peace, by the laws of this state ; and shall have exclusive 
jurisdiction in all cases arising under the ordinances of the 
corporation, and shall receive the same fees and compensa- 
tion allowed for similar services under the laws of this state 
to other justices of the peace; and for any willful and cor- 
rupt oppression, mal-conduct or partiality, or palpable omis- 
sion of duty in his said office, may be indicted in the circuit 
court of Adams county, and upon conviction shall be fined 
in a sum not exceeding one hundred dollars ; and the court 
shall have power upon the recommendation of the jury to 
make his removal from office a part of the judgment. 

§ 17. The president and trustees shall have power, by Taxati«». 
ordinance, to levy, assess and collect a special tax for the 
purpose of grading, planking or paving such square, street, 
lane or alley, to be collected as other taxes are collected by 
the provisions of the teeth and eleventh sections of this 
act, or as may be provided by law. 

§ 18. The president and trustees, for the purpose of street labor, 
keeping the streets, alleys, lanes, avenues and highways in 
repair, shall have power to require every male inhabitant of 
said town, over the age of twenty-one years, to labor on 
said streets, lanes, alleys, avenues and highways three days 
in each year, and every person failing or refusing to per- 
form such road labor, after being notified as may be pro- 
vided by ordinance, shall forfeit and pay one dollar per day 
for each day so neglected and refused. 

§ 19. The president and board of trustees shall have PunishmMit ^r 
power to provide for the punishment of the offenders against °^'^°'*®^** 
any ordinance, by coctinement in the county jail, in all 
cases where such offenders shall fail or refuse to pay the 
lines and forfeitures which may be recovered against them. 

§ 20. The inhabitants of said town shall be exempt from Exemption fto* 
the performance of road labor and the payment of road tax '«ad labor, 
levied by the authority of the county court; and the entire 
jurisdiction and control of the roads, highways and bridges 
in said town shall be held and exercised by the president 
and trustees as aforesaid. 

§ 21. All writs for the recovery of penalties for the writ*, 
breach of any ordinance of said town shall be in the form of 



246 TOWNS. 

.^.... au action of debt, before the president of the board, or, in 
%ffi case of his absence or inability to act, before some other 

changeof venue justice of the pcacc of Said town ; and changes of venue and 

»nd appeal. appeals shall be allowed in all cases commenced before the 
said president of the board of trustees, as in other cases be- 

Proriso. f^^Q other justiccs of the peace : Provided^ the said corpo- 

ration shall be allowed to appeal, in any case in which they 
are parties, by causing their secretary to execute a bond, in 
the name of said corporation, in the form now prescribed by 
law in other cases, without other security; and an order 
entered upon the record of said corporation, directing said 
appeal, shall be sufficient evidence of the authority of the 
said secretary to sign said bond. 

Constable. | 22. The towu coustablc, elected under the provisions 

of this act, shall have power and authority to execute all 
process issue'd for the breach of any ordinance of said town, 
and for that purpose his power and authority shall extend 
over the county of Adams, and he shall have the same pow- 
er, jurisdiction and authority as other constables elected and 
qualified under and by virtue of any laws of the state of 
Illinois, and shall give bond as by law is required of other 
constables ; and, in addition thereto, shall give such other 
and further bond as the said corporation shall, by ordinance, 
prescribe. 

Suits at law. § 23. All suits for tines and penalties in and for the vio- 

lation of any ordinance shall be in the name of the president 
and trustees of the town of Keokuk Junction, and the said 
corporation shall have power to regulate, by ordinance, the 
form and nature of the first and of any subsequent process, 
and the mode of executing the same. 

Powers granted §24. The Said president and trustccs shall have power 
to exercise all the powers granted to corporations organizing 
under and by virtue of the first division of chapter 25 of 
the Kevised Statutes of the state of Illinois, for the year 
1845, and all amendments thereto, in addition to the pow- 

Vipiationof or- ers herein granted, and may impose fines for the breach of 
their ordinances for any sum not exceeding the sum of one 
hundred dollars. 

Ordinances [in g 25. All Ordinances heretofore passed and in force in 
said town, not inconsistent with the provisions of this act, 
shall be" and remain in full force and efiect in ^aid town, 
until the same shall be altered or repealed by the board of 
trustees hereinbefore mentioned. 

New election!. § 26. The board of trustees shall have power, in case of 
the death, resignation or removal from office of the presi- 
dent, to immediately order a new election to fill the unfin- 
ished term of said president, in such manner as they may, 
by ordinance, provide. 

§ 27. That this act is declared to be a public act, and 
to take efiect from and ?.fter its passage. 
AppPvOved March 5, 1867. 



TOWNS. ^ 24Y 



AN ACT to change the name of the town of Bourbonais, in Bureau countv. In force Mareh 

5, 1867. 

Section i. Be it enacted hy the People qf the State of 
Illinois^ represented in the General Assembly^ That the name change, 
of the town of Bourbonais, in Bureau county, be and the 
same is hereby changed to the name of Lovejo3^ 

§ 2. This act to be a pubUc act, and to be in force from 
and after its passage. 

Approved March 5, 1867. 



An act to incorporate the town of Maroa, Macon county, state of Illinois. In force Marcii 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in the General Assembly^ That Job A. 
Race, John B. Gary, Henry StaufFar, Joseph "Wilson and 
Henry Jones, of the town of Maroa, in the county of Macon, 
and state of Illinois, be and they are hereby recognized and 
constituted a body politic and corporate, by the name and Nameand^yi. 
style of " The President and Trustees of the town of Maroa," 
and by that name shall have perpetual succession, and may seai. 
have and use a common seal, which they may change when 
by them considered expedient, first giving public notice of 
such change, and transmit such seal to their successors in 
office. 

§ 2. The aforesaid corporators and their successors, by corporate pow- 
the name and style aforesaid, shall have power to sue and 6"- 
be sued, plead and be impleaded, in all courts of law and 
equity, and in all actions whatsoever ; to purchase, receive 
and hold property, both real and personal, within the limits 
of said town, for public grounds or other public purposes; to 
hold property, both real and personal, beyond the limits of 
said town, for burial grounds or other purposes, for the use 
of the inhabitants of said town ; to sell, lease and dispose 
of property, both real and personal, for the benefit of said 
town, and improve and protect all such property, and do all 
things in relation thereto as natural persons. 

§ 8. The boundaries of said corporation shall be as fol- Boundaries, 
lows : Beginning at the northeast corner of the west half of 
the southeast quarter of section number two (2), in town- 
ship number eighteen (18) north, of range two (2) east of 
the third (3) principal meridian ; thence west one mile ; 
thence south one mile ; thence east one mile ; thence north 
one mile to the place of beginning ; according to the United 
States survey, including the west half of the southeast 
quarter of section two (2), and east half of the southeast 
quarter of section three (3) ; the east half of the northeast 



248 



TOWNS. 



OiSe* tenure. 



ElMiies. 



Qaaliflcations o 
trustees. 



0»tb*fo£6c«. 



President 
VAO&ndM. 



Motiee of elec- 
ttoiu 



Appointment of 



quarter of section ten (10), and the northwest quarter andl 
west half of the northeast quarter of section eleven (11^ •] 
all in township number eighteen (18) north, of range two] 
(2) east of the third (3) principal meridian, in the county or 
Macon, and state of Illinois. 

§ 4. The aforesaid corporators shall continue in office 
until their successors shall be elected and qualilied. The 
first election under the provisions of this act for trustees of 
said town shall be held onthe first Monday in the month of 
April, A. D. 1868. And elections for the same purpose shall 
be held on the first Monday in the month of April in each 
and every year thereafter, when five trustees shall be elect- 
ed, who shall hold their offices for one year and until their 
successors shall have been elected and qualified. The presi- 
dent or clerk, or both, shall cause to be posted up in four of 
the most conspicuous places in said town, at least ten days 
before said first Monday in April in each and every year 
after the year a. d. 1867, written or printed notices of such 
elections, signed by said president or clerk, or both, setting 
forth when and where such elections will be held, 
f § 5. 1^0 person shall be a trustee of said town who has 
not arrived at the age of twenty-one years, and who has 
not resided in said tov%'n one year next preceding an elec- 
tion for trustees, and who is not a citizen of the United 
States. Any resident of said town who shall have resided 
therein thirty days, next before any election for trustees, 
shall be a qualified voter at such election. 

§ 6. Each member of said board of trustees shall, before 
entering upon the duties of his office, take and subscribe an 
oath or affirmation that he will support the constitution of 
the United States and of this state, and that he will per- 
form the duties of his office to the best of his knowledge 
and ability. 

§ 7. A majority of said trustees shall constitute a quorum 
for the transaction of business. The said trustees shall elect 
one of their number to be president of the board, who 
shall have power to fill all vacancies in said board, which 
may be occasioned by death, resignation or otherwise : 
Provided^ he shall exercise such power within three months ' 
next after the occurring of any vacancy or vacancies. 
Should any vacancy or vacancies occurring not be filled by 
the president within three months, as aforesaid, an election 
to fill such vacancy or vacancies shall be called, by posting 
up written or printed notices of the same in at least four 
of the most public places in said town ; which said notices 
shall be signed by the president and clerk of said board, 
setting forth when and where said election shall be held ; 
which shall be at least ten daj's after the posting up of said 
notices as aforesaid. 

§ 8. The board of trustees shall, at their first regular 
meeting after the passage of this act, or as soon thereafter 



TOWNS. 



ko 



iis may be, appoint a clerk of said board, who may be one 
of their number, a treasurer, assessor and constable or con 
stables, and such other officers as may, from time to time, 
be required ; and the said board shall have power to define 
and regulate the duties of all such officers of said incorpo- 
ration, in such manner and under such penalties as said 
board .may deem necessary, and to provide for their com- 
pensation. 

§ 9. All officers appointed as aforesaid shall be required Bonds, •!«. 
to give bond and security for the faithful performance of ' 
the duties of their respective offices, before entering upon 
such duties, the same to be subject to the approval of the 
said board of trustees, who shall fix the amount of security 
to be given by such officers respectively ; and such officers 
shall, before entering upon the discharge of their duties, 
subscribe an oath or affirmation, for the honest and faithful 
discharge of such duties, the same to be made before any 
police magistrate or justice of the peace in said town. 

§ 10. The regular meetings of the said board of trus- Regular m«et- 
tees shall be held on the second Monday in each month ; ^°S8. 
and said board shall have power to provide for adjourment 
and special meetings. 

S 11. The said board of trustees shall have power to R^ie* of pro- 
determine the rules of their own proceedings, punish mem- 
bers for disorderly conduct, and with the concurrence of 
four-fifths of said board expel members for the same ; 
should a quorum not be present at any meeting of said 
board a smaller number may adjourn from time to lime, 
and compel the attendance of absent members, under such 
penalties as may be prescribed by ordinance. 

§ 12. The said board of trustees shall have power, from 
time to time — 

First. — To cause any street, alley, or highway in said Opening streets 
town to be opened, altered, widened, extended, graded, 
paved, macadamized, planked, clayed and graveled, or oth- 
erwise improved, and to keep the same in repair. 

Second. — To cause sidev/alks, crosswalks, main drains Drams, etc. 
and sewers, private drains, or aqueducts, to be constructed 
land laid, relaid, cleansed, and repaired, and regulate the 
same. 

Third. — To make regulations to secure the general health Health. 

' of the inhabitants of said town ; to prevent the introduc- 

I tion of contagious diseases into said town ; to prevent the 

\ depositing of any dead bodies, night-soil, corrupt or filthy 

substance, or thing, in said town, and to make laws or rules 

for that purpose, and to enforce the same. 

Fourth. — To prevent the running at large of dogs, and Dogs at large— 
provide for the destruction of the same, when running at duct eTc5*^°"' 
large, contrary to ordinance ; to prevent public dog fights, 
prize fights, or any public or private fighting, and to res- 
Yol. III~32 



250 



rowNs. 



Liquor licenses. 



Public grounds. 
Forage and fuel. 

R.R. companies 



Drains, etc. 



Nauseous and 
ofifensive esta- 
blishments. 



Nuiiances. 



Trees, etc. 



Street encum- 
branees. 



train lewd and unbecoming, profane or indecent languageJ 
or disorderly conduct in said town. 

Jbifth. — To license and regulate the selling and excliangJ 
ing of and traffic in any wine, rum, brandy, whisky, ale^ 
beer, porter, cider, or other intoxicating liquors, within th( 
limits of said town, and any person who shall take out a 
license from said board of trustees, for the sale of such in- 
toxicating liquors as prescribed by ordinance, shall not be 
required to take license from the county clerk, and the 
money received for such license shall be paid to the treas- 
urer of said town. 

Sixth. — To provide for enlarging and improving and reg- 
ulating all public grounds belonging to said town, or that 
may hereafter be acquired by said town ; to provide for the 
inspection and weighing of hay, the measuring of wood 
and other fuel, to be used in said town. 

Seventh. — To require railroad companies to construct and 
keep in repair suitable crossings at the intersections of 
streets, roads and alleys, when the board of trustees shall 
deem it necessary, and to regulate the speed of locomotives 
and engines within said town, or any particular part of said 
town ; to cause railroad companies to keep open and in 
repair ditches, drains, sewers, or culverts, on the sides of 
their railroad tracks, so that filthy or stagnant pools of water 
can not stand along their tracks, to the injury of said town 
or the health of the inhabitants thereof. 

Eighth. — To compel the owners or occupants of any soap 
factory, tallow chandler's shop, tannery, grocery, privy, cellar 
barn, stable, sewer, or other unwholsome nauseous house or 
place, to cleanse, remove or abate the same as often as may 
be necessary for the health and comfort of the inhabitants 
of said town ; to direct the location of and regulate license 
and restrain within said town distilleries, slaughter houses, 
and houses for steaming or rendering lard, tallow, ofial and 
such other substances as can or may be rendered, and all 
places where any nauseous, ofiensive or unwliolsome busi- 
ness may be carried on ; to restrain and punish, by fine and 
imprisonment, shooting in said town. 

Binth. — To abate and remove nuisances, and punish the 
authors thereof by penalties, fines and imprisonment, and 
to declare what shall be nuisances ; but nothing in this act 
shall be so construed as to oust any court of jurisdiction by 
indictment or otherwise. 

Tenth. — To restrain, prohibit and punish, by fine or im- 
prisonment, or both, the cutting of trees or shrubbery 
upon any of the public grounds, highways, streets or alleys 
of said town. 

Eleventh. — To prevent the encumbering of the streets, 
alleys, sidewalks or public grounds, with carriages, wagons, 
carts, boxes, lumber, timber, firewood, posts, awnings, 
signs, or other substances or material, and to compel all 



TOWNS. 251 

persons to keep the snow, ice, dirt and other rubbish from 
the sidewalks, streets and gutters in front of the premises 
occupied by them. 

Twelfth. — To prohibit, prevent and suppress and regulate Ammai»atiarfe 
the running at large within said town of horses, cattle, 
swine, sheep, goats and geese, and to authorize the distrain- 
ing, impounding and sale of the same for the costs of dis- 
training and impounding, that may be provided by ordi- 
nance, and to impose penalties on the owners thereof for 
the violation of any ordinance in relation thereto. 

Thirteenth, — To prohibit and suppress horse racing and Riding and dri- 
immoderate driving or riding in the streets of said town, ^'°^' 
and to cause persons immoderately riding or driving as 
aforesaid to be stopped by any person while so violating 
any ordinance in that behalf; to prohibit the abuse of any Abuse of aui- 
animals, and punish all persons who shall abuse the same, '^^^^' 
and to compel persons to fasten their horses and other ani- 
mals attached to vehicles or otherwise, while standing in 
the streets. 

Fourteenth. — To restrain and punish vagrants, mendi- vagrants, etc. 
cants and street beggars. 

Fifteenth. — To license, tax, regulate, or suppress and Billiards, etc. 
prohibit billiard tables, pin alleys and ball alleys ; to sup- 
press and restrain disorderly houses, tippling shops or 
houses, bawdy houses, gaming and gambling houses, lotte- 
ries, and all fraudulent devices and practices, and all gaming 
with cards, dice, and all other games of chance, and to au- 
thorize the destruction of all instruments and devices used 
for the purpose of gaming or in carrying on lotteries. 

Sixteenth. — To provide for the prevention of fires, to reg- combustible*, 
ulate the storage of gunpowder and other combustible mat- 
ter in said town ; to license, tax and regulate all brokers. Brokers, etc. 
money brokers, insurance brokers and auctioneers, and to 
license, tax, regulate, and suppress and prohibit hawkers, 
peddlers, pawn brokers, keepers of ordinaries, and theatri- 
cal or any other exhibition, shows or amusements. 

Seventeenth. — To appropriate money and to provide for Appropriations, 
the payment of the expenses of the said town. 

§ 13. The said board of trustees shall have power to Needful ordi- 
pass, publish, amend and repeal all ordinances, rules °*°'^^^' 
and regulations not contrary to the constitution of the Uni- 
ted States or of this state, for the good government, peace 
and order of the said town, and the trade and commerce 
thereof, that may be necessary or proper ; and to insure 
the observance of all such ordinances, rules and regulations, 
shall have power to provide for all violations thereof by Fines, etc. 
fines, penalties and imprisonment in the common jail of 
Macon*county, aforesaid, or both, in the discretion of the 
police magistrate or court before whom conviction may be 
had ; but no fine or penalty shall exceed two hundred dol- 
lars, nor the imprisonment six months for any offense ; 



252 



TOAVNS. 






and such fine or penalty may be recovered, with costs, in 
an action of debt in the name of the president and trustees 
oftlie town of Maroa, before the circuit court of Macon 
^ county where the fine or penalty exceeds one hundred dol- 

hirs, or before the police magistrate of said town w^here the 
same is one hundred dollars or under; and any person 
upon whom any fine or penalty is imposed shall stand com. 
mitted until the payment of the same and costs, and in do- 
fault thereof may be imprisoned in the county jail aforesaid, 
or required to labor on the streets or public works of said 
town for such time and in such manner as may be provided 
by ordinance ; and all persons committed under this see 
tion, or any ordinance in pursuance thereof, shall be con- 
fined or compelled to labor on the streets or public works 
of said town one day for each dollar of the fine or penalty 
imposed and costs of suit ; the period of imprisonment or 
labor as aforesaid, how^ever, in no case to exceed six 
months. 

^"erpinaities § ^\ ^^^l ^ctious brought to recovcr any fine, penalty 
etc. ' or forfeiture imposed by this act, or any ordinance in pur- 

suance thereof, shall be" brought in the corporate name, be- 
fore the police magistrate of said town or the circuit court 
of Macon county aforesaid. It shall be lawful to declare 
generally in debt for such penalty, fine or forfeiture, stating 
the clause of this act or the ordinance under which the 
same is claimed, and to give the special matter in evidence 
under such general declaration, 
rocewes. § 14. In all prosccutious for any violation of any ordi- 

nance, by-]aw or other regulation of said town, the first pro- 
cess shall be a summons, unless oath or afiirmation be made 
for a warrant by complainant, as is now provided by law in 
criminal proceedings. On such oath or- afiirmation being 
made, the police magistrate shall issue a warrant for the 
arrest of the person or persons charged in such oath or 
affirmation with any violation of any ordinances, by-laws 
or regulations of said town, 
np*-'^'''- § 15. Appeals may be taken from the judgments of the 

police magistrate of said town to the circuit court of Macon 
county, aforesaid, in the same manner and within the s,ame 
time as appeals from the judgments of justices of the peace 
of said county are now or hereafter may be taken to said 
circuit court. 
ch»n;je of venue ^ § 16. In casc any person or persons charged with the 
violation of any ordinance, by-law or regulation of said town, 
shall make afiidavit that he 'or they can not have a fair and 
impartial trial before the police magistrate thereof, the per- 
son or persons so making affidavit shall be entitled to a 
cliange of venue, and the said police magistrate shall forth- 
w^ith send the cause in which such afiidavit shall have been 
made to the nearest juatipe of the peace of said county of 
Macon, for trial ; and 'such justice of the peace shall, in such 



TOWNS. 253 

case, have and exercise all the powers and rights of the said 
police magistrate in hearing and determining saidcanse, and 
the judgments of said justice ot the peace shall be of the 
same force and efiect as judgments of said police magistrate. , 

§ 17. Execution may be issued against the goods and Executions. 
chattels or real estate of the defendant or defendants imme- 
diately on the rendition of judgment. The issuing of exe- 
cution, however, shall not prevent the imprisonment of the 
defendant under any order of committal, but shall be taken 
as a concurrent proceeding. 

§ 18. The said board of trustees shall have power to Building for of- 
provide a suitable building or room, to be used by the con- ^^^^^^^^ 
stable of said town as a lock-up, for the safe-keeping of per- 
sons arrested by him for violation of any ordinances, by- 
laws or regulations of said town, until such persons shall 
have been tried before the police magistrate or shall have 
entered into recognizance for their appearance before said . 
magistrate. The said constable shall, also, place in such 
building or room, for temporary safe-keeping, all persons 
charged with crime whom he may arrest, in his capacity of 
county constable, for offenses under the laws of this state. 

S 19. The police mao^istrate of said town shall be elected Po^ife ,"iagi«- 

o t^ o. , „ T J ^1'^*® — election 

' on the second Monday m April, m the year ot our Lord tor-powers— 
eighteen hundred and sixty-seven, and shall hold his office ^°°^^' ^*°- 
for two years or until his successor shall have been elected 
and qualified. Elections for police magistrate shall be held 
on the second Monday in the month of March, every second 
year after the said year of our Lord eighteen hundred and 
sixty-seven. The police magistrate of said town shall have 
the same powers as other justices of the peace, under the 
laws of this state. He shall be required to give bond, in 
the suin of four thousand dollars, for the faithful perform- 
ance of the duties of his office — said bond to be subject to 
the approval of the president and trustees of said town. 
The board of trustees of said town shall have power, in case vacancy, 
any vacancy shall occur in said office, through the death or 
resignation of any police magistrate, or otherwise, to fill 
the same by the appointment ot some suitable person to 
such office. 

§ 20. The said board of trustees shall have power to Taxeg. 
provide, by ordinance, for the levying and collection of taxes 
for the use of the corporation, upon all real and personal 
estate and property within said town, owned by the inhabi- 
tants thereof or by non-residents, not exceeding one-half of 
one per cent, upon the assessed value thereof, in making 
his assessment the assessor shall be governed by the laws 
of this state directing and regulating the assessment of real 
and personal property for state and county purposes, now 
in force or that may hereafter be enacted. , ' 

§ 21. The annual assessment lists shall be returned by Assessment 

lists 

the assessor to said board of trustees on or before the second 



264 



TOWNS. 



Objections 
heard. 



Appeal?. 



Filing, coHfii-m 
ing and collec- 
tion of. 



Mouday in August, in each year, but the time for such] 
return may be extended by said board ; and said board! 
shall have power to supply omissions in said lists, and for| 
the purpose of equalizing the same to alter, correct and revise 
said assessment lists or to refer said lists back to the asses- 
sors for correction or revision. After said assessor's lists 
shall have been returned and accepted by said board of 
trustees, said board shall name a day for hearing objections 
thereto, and the clerk of said board shall give notice of the 
time and place of hearing the same by posting up at least 
three written or printed notices in three of the most public 
places in said town, at least six days before the time named 
in said notices for such hearing ; and all persons who may 
be dissatisfied with the assessment of their property may 
appear, at the time specified in such notices, and make their 
objections to such assessment. If necessary, said board 
shall adjourn from day to day, until all persons considering 
themselves aggrieved can be heard. 

§ 22. When the assessment lists have been corrected 
and revised, (if sucli correction shall have been necessary,) 
the said list shall be filed, and an order confirming the same 
and directing a warrant to issue for the collection thereof, 
shall be passed by said board of trustees, and entered by 
the clerk of said board. The said board shall, thereupon, 
by ordinance or resolution, levy such sum or sums of money 
as may be sufiicient for the several purposes for which taxes 
are herein authorized to be levied, not exceeding the au- 
thorized per centage, specifying the purposes for which the 
same are levied, and, if not for general purposes, the por- 
tions of the town upon which the same are laid. 

§ 23. AH taxes and assessments, general or special, 
ai^**%?opl?t''y lewd or assessed by said board of trustees, under this act, 
or any ordinance in pursuance thereof, shall be a lien upon 
the real estate upon which the same may be imposed or 
assessed, for two years from and after the corrected assess- 
ment lists shall be confirmed, and on personal estate from and 
after the delivery of the warrant for the collection thereof 
until paid ; and no sale or transfer shall affect such lien ; 
and personal property may be taken and sold for the pay- 
ment of taxes on real or personal estate belonging to the 
owner of such personal property ; and the real estate shall 
be liable for the taxes on personal estate, in case of re- 
moval, or when the tax can not be made out of the personal 
estate, in the same manner as is prescribed by the laws of 
this state : .Provided^ that in case the collection of any 
assessments shall be dela3^ed by any judicial proceedings, 
the said lien shall continue, unless removed by payment or 
otherwise, upon the real estate, for the term of two years 
from and alter the final disposition of such judicial pro- 
ceedings. 



Liens upon real 



taken. 



Taxes, 



Proviso. 



TOWNS. ' 255 

§ 24. All warrants issued for the collection of the gene- wan-ants. 
ral or special taxes and assessments shall be signed by the 
president and clerk of said board of trustees, with the cor- 
porate seal thereto attached, and shall contain true and 
perfect copies of the corrected assessment lists upon which 
the same may be issued. Said warrant shall be delivered 
to the collector within thirty days after the filing of the 
corrected assessment lists, unless further time for this pur- 
pose shall be given by said board of trustees. If not 
otherwise paid, the collector shall have power to collect 
said taxes or assessments, with interest and costs, by a suit 
in the corporate name, or by distress and sale of personal 
property, as aforesaid, after a demand and refusal to pay 
the'same : Provided^ ten days' notice, published by post- 
ing up written or printed notices in three of the most pub- 
lic places in said town, shall be deemed a demand, and a 
neglect to pay taxes for twenty days thereafter shall be 
deemed a refusal. The assessor's list in all cases to be evi- 
dence on behalf of the corporation. 

§ 25. All taxes and assessments, general or special, collection, 
shall be collected by the collector of said town, in the same 
manner, and with the same powers and authority, as is now 
or hereafter may be given by law to collectors of county 
and state taxes.*^ He shall pay the same, as fast as col- Disposition of: . 
lected, into the treasury of the town ; and his duty in 
regard to returning warrants, and settling with the said 
board of trustees, and his liabilities in case of default or 
misconduct, shall be the same as prescribed by law in 
regard to county or township collectors, and shall receive 
the same fees as are now or hereafter may be allowed to 
county or township collectors : Provided^ the said board ProTiso. 
of trustees shall have power to prescribe the powers, duties, 
fees and liabilities of collectors, by ordinance. 

§ 26. In case of the non-payment of any taxes or Non-paym«ntof 
assessments levied or assessed under this act, or any ordi- 
nance in pursuance thereof, real estate may be sold at any 
time within two years after the confirmation of the assess- 
ment by the board of trustees. Before any such sale, an 
order shall be made by the said board of trustees, which 
shall be entered at large in the journal or record kept by 
the clerk of said board, particularly describing the delin- 
quent premises to be sold, and the assessment for which 
the sale shall be made ; a certified copy of which order, 
under the corporate seal, signed by the president and clerk 
of said board, shall be delivered to the collector ; which, 
together with the warrant, shall constitute the process upon 
which such sale shall be made. 

§ 27. The said board of trustees shall have power to ^ifn'^q^^^^l'ifnda: 
prescribe, by ordinance or resolution, the manner in which 
such delinquent lands shall be advertised for sale, and the 
length of notice to be given. All sales made by the col- 



256 



TOWNS 



lector shall be conducted in the manner required by law 
but said board of trustees shall have power to prescribe the 
manner of conducting the same. 
Redemption. ^ § 28. The laws of this state regulating redemptions 
trom sales of lands for county and state taxes shall be ap. 
plicable to redemptions from sales of lands for taxes or 
assessments made in pursuance of this act, or of any ordi- 
nance m pursuance of this act, so far as the same may be 
applicable. In case of redemption, the money shall be 
paid to the clerk of said board, who shall pay the same to 
the person entitled thereto. If not I'edeemed according to 
law, the president of said board and the clerk thereof, upon 
presentation of the certificates of sale, or proof of their 
loss, shall execute, under their hands and the corporate 
seal, deeds conveying to purchasers the premises sold to 
them and unredeemed; and abstracts of all such deeds 
shall be entered by the clerk of said board in the book 
wherein tax sales shall be by him recorded. 
""sSee'of £ . § ^^- , P'^ assignee of any tax certificate of any prem- 
eertificates. iscs soicl tor taxes or asscssmeuts under authority of said 
town shall be entitled to receive a deed to such premises in 
his own name, as though he had been the original pur- 
cnaser. 

^'^' § ^^- I^' at any sale of personal or real estate for taxes 

or assessments no bid shall be made for any parcel of land 
or any personal property offered for sale, the same shall be 
struck off to said town, and thereafter the said town shall 

''absoiutro.vner ^'^^^1^'^'''' ^¥ ^^^P^^^^^ ^^^mc, a Certificate of the sale of 
any such real estate, and shall be vested with the same 
rights as other purchasers of real estate at such sale, and 
shall become the absolute owner of all personal propertvso 
struck off to said town. 

%%&%!" . K^^' ^^^ "^^^^^ '"^^'^^ ^^ purchasers of real estate sold 
tor taxes or assessments, as aforesaid, shall be prima fads 
evidence in all controversies and suits in relation to the 
rights of the purchaser, his heirs or assigns to the premises 
thereby conveyed, of all facts of which deeds made to pur- 
chasers of lands sold for county and state taxes are in 
similar suits and controversies ^rmtt facie evidence under 
the laws of this state. 

^^JJieSor '' '" .§, p- ^^g ^^^? constable shall be, ex-qfficio, collector of 
saicJ town : Fromded, hoioever, that in case more than one 
constable shall be appointed under this act, the said 
board of trustees shall, by ordinance or resolution, desio-. 
nate the constable that shall act as collector. ^ 

^roaTiabo? IT ,u ^ ^^' ^H ^^^^^^^^^s of Said to wu of Maroa shall, after 
' • the passage of this act, be exempt from working upon any 
road or highway beyond the limits of said town, and from ' 
paying the tax in lieu thereof 

Read labor. § 34. Said board of trustees shall have power to require 

every able-bodied male resident of said town over the age 



TOWNS. 257 

di twenty-one years and under the age of forty-five years, 
to labor under the direction of such officer as shall be ap- 
pointed by said board to act as street commissioners on the 
streets, lanes and alleys of said town, not exceeding three 
days in each year ; and every person failing to perform such . 
labor when duly notified by the proper authorities shall 
forfeit and pay the sum of one dollar and fifty cents for 
each day he shall neglect to work, and the same together 
with costs of suit, may be collected for the use of said town, 
by the acting street commissioner of said town. The said 
board shall have power to prescribe the length of said no- 
tice and the manner of giving the same. 

§ 35. All fines, forfeitures and penalties collected under Disposition of 
this act, or any ordinance in pursuance thereof, shall be paid aufep coiie^c^ted 
into the treasury of said town by the officers collecting the 
same. 

§ 36. All ordinances shall be fairly written or printed, Publication of 
and copies thereof posted up at three of the most public 
places in said town ; and no ordinance shall be in force 
until so published and posted five days. The clerk of said 
board shall receive the same fees and in like manner as 
town clerks under township organizations in this state, and 
such additional compensation as said board may deem fit 
and proper. 

§ 3T. The affidavit of the person posting up copies of 
any ordinance as aforesaid, taken before any officer author- 
ized to administer oaths, and tiled with the clerk of said 
board, or any other competent proof of such posting up of 
any ordinance as aforesaid, shall be conclusive evidence of 
the legal publication and promulgation of such ordinance in 
all courts and places. 

§ 38. The style of all ordinances shall be : '^Be it 0/'- 
dained by the President and Trustees of the Toivn of Maroa.-' 
All ordinances of said town, when printed and published 
by authority of said board of trustees, shall be received in 
all courts and places without further proof 

§ 39. The manner of conducting and voting at all elec- wanner of con- 
tions held under this act and contesting the same, shall be tionsrft.?, ^ ^^ 
governed as nearly as may be by the laws now in force, or 
that may hereafter be enacted, regulating general state 
elections : Provided^ that said board of trustees shall have 
power to regulate by ordinance the conducting and voting 
at all such elections, and the canvassing of votes and certi- 
fying of returns, and shall also have power to appoint 
judges of elections. 

§ 40. The constables appointed bv said board in pursu- consiabies .lu- 

!» ^i • ^ 1 11 I J •"' n i.1 . ties and powers 

ance oi this act shall have and exercise all the powers vest 
ed in constables of said county of Macon under the laws of 
this state : Provided, hoioever^ that constables so appointed 
shall not serve a civil process without having first entered 
into a bond as such countv constable, to be approved by the 
Yol. 111-33" 



258 



TOWNS. 



Treasurer. 



Office tenure. 



Penaltiea for 
non-surrender 
of office, etc. 



Clerk'8 dutiep. 



▲dditiansto the 
town. 



county court, as in other cases ; they shall execute, or cause 
to be executed, and return all proper process issued by any 
proper officer under this act, or any ordinance in pursuance 
thereof, and shall receive the same fees as constables under 
the laws of this state ; but said board of trustees shall have 
power to prescribe by ordinance the fees of constables of 
said town, in all cases arising under this act or any ordi- 
nance by virtue hereof. 

§ 41. The town treasurer shall receive all moneys 
belonging to the town, and shall keep account of all receipts 
and expenditures in such manner as the board of trustees 
shall direct. No moneys shall be drawn from the treasury 
except in pursuance of an order of said board of trustees, 
and a treasury warrant signed by the president of said 
board and countersigned by the clerk ; and each warrant 
shall specify for what purpose the same is to be paid. The 
treasurer shall exhibit to the said board of trustees, at least 
twenty days before the annual election in each year, and 
oftener if required, a full and detailed statement of all 
receipts and expenditures since the date of the last annual 
report, and also the state of the treasury, which shall be 
filed in the office of the clerk of said town. 

§ 42. All officers of said town, appointed by virtue of 
this act, except members of said board appointed to fill 
vacancies, shall hold office during the pleasure of said board 
of trustees and until their successors shall have been ap- 
pointed and qualified : Provided, however, that said board 
of trustees may, by ordinance, prescribe the period for 
which any such appointee shall hold office. All officers 
elected or appointed by this or any ordinance or resolution 
in pursuance thereof, shall be commissioned by warrant 
under the corporate seal, signed by the president and clerk 
of said board. 

§ 43. If any person, having been an ofiicerof said city, 
shall not, within ten days after notification and request, de- 
liver to his successor in office all the property, books, papers 
and efi'ects of every description in his possession, belonging 
to said town or appertaining to his said office, he shall for- 
feit and pay for the use of said town fifty dollars, besides 
all damages caused by his refusal or neglect so to deliver ; 
and such successor may recover possession of the books and 
papers and eflfects belonging to his office, in the manner 
prescribed by the laws of this state. 

§ 44. The town clerk shall keep the corporate seal and 
all books and papers belonging to the cit}^ and shall per- 
form such other duties not in this act prescribed, as the said 
board of trustees shall, by ordinance or resolution, direct. 

§ 45. Any tract of land adjoining said town which may 
be laid ofi' into lots and blocks and^duly platted according 
to law, and any tract of land adjoining said town, with the 



TOWNS. 259 

consent of the owner thereof, may and shall be annexed to 
said town and form a part thereof. ' 

§ 46. This act is hereby declared to be a public act, and Evidence of act. 
may be read in evidence in all courts of law or equity with- 
in this state without further proof, and shall take effect and 
be in ibrce from and after its passage. 

ArrKovED March 7, 1867. 



AN ACT to vacate the town plat of the town of West Lockport, in Will in force March 
county, state of Illinois. ''i'*^^- 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly^ That the vacated piat. 
town of West Lockport, in Will county, as recorded in the 
records of said county, be and the same is hereby vacated, 
and the land comprised in said town plat of W est Lockport, 
shall hereafter be assessed and taxed as farming lands are 
required to be assessed and taxed. 

2. This act shall take effect and be in force from and 
after its passage. 

Approved March 7, 1867. 



AN ACT to incorporate the town of Minonk. In force March 

7) 1867. 

ARTICLE I. 

OF BOUNDARIES, WARDS AND GENERAL POWERS. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That the 
inhabitants of the town of Minonk, in the county Wood- 
ford, and state of Illinois, be and they are hereby constitu- 
ted a body politic and corporate, by the name and style Name and style, 
of "The city of Minonk," and by that name shall have 
perpetual succession, and may have and use a common seal, 
which they may change or alter at pleasure. 

§ 2. AH that district of country embraced within the Boundaries, 
following boundaries, to-wit : The whole of section seven 
(7,) town twenty-eight (28) north, range two (2,) east of the 
third (8d) principal meridian, in Woodford county, Illinois, 
is hereby declared to be within the boundaries of the said 
city of Minonk. 

§ 3. The present board of trustees of the town of wards. 
Minonk shall, on or before the first Monday of September, 



260 TOWNS. 

1867, divide the said city of Minonk iuto four wards, as] 
uearly equal as practicable, particularly describin;::; the] 
boundaries of each. 
Addition?. § 4. Whenever any tract of land adjoining the city uf 

Minuuk shall have been laid out into town lots, and duly 
recorded, as required by law, the same shall be annexed tu 
and shall form a part of the city of JMinonk. 
rowers of cor- g 5. The inhabitants of the said city by the name and 
porat on gtjle aforcsaid, shall have power to sue and i)esued, to im- 

plead and to be impleaded, to defend and to bi deiended, 
in all courts of law and of equity, and in any actions what- 
ever ; to purchase, receive and hold property, real and per- 
sonal, in said city; to purchase, receive and hold property, 
both real and personal, beyond the limits of the city, for 
burial grounds, or for other public purposes, for the use ot 
the inhabitants of the said city ; to sell, lease or convey 
property, both real and personal, for tiie bcjieiit of the city, 
and to improve and protect such property, real and per- 
sonal, and to do all other things in relation thereto as natu- 
ral persons could or might do. 

ARTICLE II. 

OF THK CITT COUNCIL AKD OF ELECTIONS. 

Council. § 1= There shall be a city council, to consist of a mayor 

and board of aldermen. 

Aldermen. § -• The board of aldermen shall consist of one alder 

man from each ward, to be cho*en by the qualified voters 
thereof, for the term of one year; but no person shall be 
an alderman unless at the time of his election he sliall have 
resided six months within the limits of the city, twenty - 
one years of age, and a citizen of the LFnited States, and a 
resident of the ward from which he is elected, 
uorum. ^ 3. A niajority of the city council shall constitute a 

.juorum to do business, but a smaller number may adjourn 
from time to time, and may compel the attendance of absent 
members, under such T)eualties as they may, by ordinance, 
prescribe. 

.Journal of pro- § '^- '^^^^ ^'^^'^^ couucil shall keep a joumal of its pro- 
ccedingf. cccdings, and the yeas and nays, when clemandcd by any 
member present, shall be entered thereon. No alderman 
shall be appointed to any office created by this act. All 
the officers of the said city shall, before entering upon their 
respective duties, take an oath that they will support the 
constitution of the United States, the constitution ol this 
state, and that they will well and truly perform, to the best 
of their ability, the duties of their said offices. 
■r,tiToie. § ^- Whenever there shall be a tie in any election for 

city officers, the judges of the election shall certify the same 
to the mayor, who shall determine the same by lot, in such 
manner as shall, by ordinance, be prescribed. And all va- 



TOWNS. ^^1 



cancies that occur in the offices ut mayor, aldennaii or 
police magistrate, shall be tilled by a special election ; but 
vacancies occurring in all other offices may be tilled by ap- vacannes. 

§ 6 The general election shall be held on the iirst Mon- Elections, 
dav in October in eacli year, at which the electors of all 
wards may attend and vote for the mayor and then- respect- 
ive aldermen; which said election may be held at any pub- 
lic and convenient place within the limits at' the city. 

^ 7. All male inhabitants of the said city who are en- -^uautied yoters 
titled to vote for state officers by the laws of this state, shall 
be entitled to vote at the said election. 

§ 8. The clerk of the city and the mayor shall hQ.ex nispeetors of. 
om€io, judges and inspectors of the elections, and the city 
marshal shall attend the same to preserve order and to 
keep the peace ; and the city clerk shall give at least ten 
days' notfce of the time and place of holding said election 
by posting written or printed notices of the same in at least 
three public places in the city. t^ . , , „ 

^ <^ 9 The first election shall be held, conducted and re- Fu.teiecUon. 
turns thereof made by the present board of trustees [ot 
the town] of Minonk, in such manner as they may, by or- 
dinance, prescribe. 



ARTICLE III 

OK THE MAYOR. 



§ 1. The mavor shall be the chief executive of the city ; Qualified mayor 
he'shall be elected by tiie qualified voters of the said city, 
and shall hold his office for one year, or until his successor 
is diilv elected and qualified. No person shall l)C eligible 
♦ o the office of mayor, who shall not have been a resident 
of the citv for one year next preceding his election, or who 
shall not be a freeholder thereof, or who shall not at the 
time of his election, be a legal voter or a citizen oi the 

United States. . , . .. « 

^ 2. He shall preside at all meetings ot the city coun- Prosiamg officer 

ciL and he shall have the casting vote, and no other. In , 
rase of his non-attendance at any meeting, the council may 
apijoint a chairman, who shall preside at that meeting. 

" J$ 3. The mavor, or in his absence, any two aldermen staie.i .neetmg^ 
may call a special meeting, or may call a special election, 
and order the clerk to ffive due notice thereof. ^ . ., 

g 4. The mayor shall at all times be active and vigilant i>«t,..oimayor 
in enforcing the ordinances of the city, inspect the conduct 
of all subordinate officers of the city, and cause any negh- 
<rence or violation of duty to be punished ; communicate to 
The aldermen and recommend all such measures as m his 
opinion may tend to improve the finances, police, health, 
security, comfort or ornament of the city; and he is author- 
ized to call upon every male inhabitant of the city over the 



262 



Marshal. 



I 



TOWNS. 

age of eighteen years to aid in enforcing the laws and ordi- 
nances and to suppress riots, routs and affrays, and if any 
person so called upon shall refuse or neglect to obey such 
call, he shall be lined not exceeding ten dollars. 

§ 5. The city marshal shall have power to arrest on 
view and without warrant, all persons who shall within the 
liniits of the city, break or threaten to break the peace, and 
he may commit such persons to the calaboose, and detain 
them therein until the police magistrate is notified and his 
court is open for the trial of the said offenders. 

ARTICLE IV. 



OF THi; LEGISLATIVE POWEKS OP THE CITY COUNCIL. 

Taxation. § 1« The city council shall have full power and author- 

ity to levy and collect taxes upon all property, real and 
personal, within the limits of the city, not exceeding one- 
half of one per cent, per annum upon the assessed value 
thereof, and may enforce the collection of the same in any 
manner to be prescribed by ordinance, not repugnant to 
the constitution of the United States or of this state. 

Appointment of § 2. To appoint and remove from office a clerk, trea- 

officers. surer, marshal, assessor, collector, overseer of streets, and 

any other officer that m.ay be necessary, and to ffx their 
compensation, and to require of all such officers bonds, 
with sufficient penalty and security, for the faithful perform- 
ance of their respective duties, and to require them to take 
and subscribe the oath hereinbefore mentioned before en- 
tering upon the discharge of their respective duties. 

Btrro^v money. g 3. To borrow moucy ou the credit of the city : Pro- 
vided^ that no sum or sums of money shall be borrowed at 
a greater interest than at ten per cent, per annum, nor shall 
the interest on the aggregate of all sums borrowed and out- 
standing ever exceed one-half of the city revenue arising 
from taxes assessed on real property within the limits of 
the city, and to appropriate money for the payment of the 
debt and expenses of the city. 

Sanitary. § 4. To make regulations to prevent the introduction of 

contagious diseases into the city, to make quarantine laws 
for that purpose, and to enforce the same within ffve miles 
of the city, and to make all regulations to secure the gene- 
ral health of the inhabitants. 

Nuisances. § ^' '^^ declare what shall be a nuisance and to prevent 

and remove the same, and to dig wells and to erect pumps 
in the streets for the benelit of the inhabitants. 

Improve irtreetB. % ^^- l'^-* opcu, altcr, cxtcud, widcu, abolish, grade, es- 
tablish, pave or drain, or otherwise alter and improve and 
keep in repair all streets, lanes, avenues and alleys; to 
establish, erect and keep in repair bridges, crossings and 
sidewalks, and to provide for lighting the streets and erec 
ing lamp posts. 



1 



TOWNS. 



263 



8 7 To Di-ovide for the erection of all needful buildings Pubiic.buUdingi 

^ I. j.yj px>^yAvi.vy „ . T . • • .1 ^ and grounds. 

for the use of the city lor inclosiog, improving and regu- 
lating all nublic grounds which may be owned by the city, 
and To i^rovide by ordinance for the punishment of injuries 
done to trees and all other improvements thereon. 

^8 To license, tax and regulate auctioneers, the keep- Auctioneers, 
inc. of billiard and roulette tables, saloon, eating and beer ^.SlifetT' 
ho^se keepers, venders of intoxicating liquors, hawkers, 
peddlers, pawbrokers, brokers and money changers, porters, 
shows of all kinds, exhibitions, concerts and amusements, 
drays, hackney carriages, wagons and carts, to establish the 
rates thereof, and the city council may for good cause re- 
voke any license given by them as aforesaid. 

§ 9. To tax, restrain, prohibit and suppress tippling Disorderly 
houses, dram shops, gaming houses, gambling houses, baw- i^«"«^^- 
dy and other disorderly houses, and groceries. 

§ 10. To provide for the extinguishment of fires, to es- Fires, etc. 
tablish, equip and organize tire companies, and to provide 
for taking the census of the city. 

§ 11. To regulate the police of the city, to impose fines, poiice,.flne9, etc 
penalties and forfeitures for the violation of any ordinance, 
and to provide for the recovery and appropriation of such 
fines and forfeitures, and the enforcement of such penalties, 
but they shall not impose a fine for the violation of any ordi- 
nance exceeding one hundred dollars. 

^ 12. To make all ordinances which shall be necessary Necessary ordi^ 
and proper for the government of the city and for the pro- °^"««^- 
tection of the inhabitants thereof, and to make, establish 
and ordain all necessary ordinances to carry into efiect and 
execution the powers specified in this act, so that such ordi- 
nances be not repugnant to the constitution of the United 
States or this state. . ' 

§ 13. To erect and establish a watch house or calaboose, caiaboo?*. 
and make all necessary ordinances for the regulation there- 
of, in which said watch house or calaboose shall be confined 
all vagrants, stragglers, idle or disorderly persons, all per- 
sons who shall be guilty of a violation of any ordinance, 
and who shall refuse or" be unable to pay the fine, penalty 
or forfeiture imposed upon them for such violation, and all 
persons who may be committed thereto by any conserva- 
tors of the peace ; but no person upon whom such fine, pen- 
alty or forfeiture shall have been imposed shall be confined 
therein a longer period than twenty-four hours for every 
three dollars of fine, penalty or forfeiture, or fractional part 

thereof. 

§ 14. To provide by ordinance that every person against Judgment* 
whom any judgment may be rendered in favor of the said 
city for a fine or penalty' for the violation of any ordinance, 
instead of being* committed to the calaboose, may be re- 
quired to labor on the streets until the whole fine or penalty 
and costs are paid, at the rate of one dollar per day. 



264 TOWNS. 

Road repairs. § 15. Foi" tliG pui'pose of keeping the highways leading 
to the city passable, the city council may fill up any slough, 
or bridge, at their expense, any stream, or otherwise im- 
prove and keep in repair all main and public highways lead- 
ing into the said city within five miles thereof. 

street labor. § 16. The city couucil shall have power to require every 
male inhabitant of the city, over the age of twenty-one 
years, to labor on the streets, lanes, avenues or alleys, not 
exceeding five days in each year ; and any person so fail- 
ing to perform such labor, when duly notified by the over- 
seer, shall forfeit and pay one dollar for every day so neg- 
lected. 

ARTICLE V. 

OF THE ALTERATION OP STREET0. 

Taking private § 1- AVlienevcr it sliall be necessary to take private 
puiSi^^iurposea pi'operty for opening, widening or otherwise altering any 
public street, lane, avenue or alley, the city shall make ample 
compensation to the person whose propert}^ is so taken. 
And if the amount of such compensation can not be agreed 
upon, the mayor shall cause the same to ascertained by a 
jury of six disinterested freeholders of the city. When all 
the owners of property on any street shall petition the city 
council to have the same opened or otherwise altered, no 
compensation shall be made to them. 
nquests. § 2. All persous empaunelcd to inquire into the 

amount of damages which shall happen to the owners of 
property taken for widening or otherwise altering any street, 
lane, avenue or alley, shall first be sworn to that effect, and 
they shall, within three days, make, in writing, their in- 
ijuest, by them to be signed and returned to the mayor. 
And the mayor may, for good cause shown, within ten 
days after such return set aside such inquest, and cause a 
new one to be made. 
Benefits ani ^ 3. In ascertaining the amouut of Compensation for the 
property taken, as aforesaid, the jury shall take into con- 
sideration the benefits as well as the injuries arising from 
such opening, or otherwise altering such street, lane, ave- 
nue or alley. 

A R T I c h E VI. 

OF OIIDINANCF.S. 

,^ 1. The* style of the ordinances of the city shall be, ^^I^e 
it OrdoAnedhy the City Council of the City of Minonky And 
the said ordinances shall be published in a public newspaper 
of such city, or l)y posting written or printed copies of the 
same in three public places of the city, at least ten days 
before taking effect, and they shall not be in force until so 
published. 



damae^es. 



Ordinance.". 
Publication of. 



toWNS. '265 

§ 2. All ordinances of the city may be proven by the Proof of. 
seal of the city, and when published and printed in book 
or pamphlet form by the authority of the city council, they 
shall be received as evidence in all courts and places with- 
out further proof. 

§ 3. All ordinances and resolutions passed by the pres- Remain in force 
ident and trustees of the town of Minonk, shall remain in 
force until they shall have been repealed by the city 
council. 

§ 4. In addition to the powers granted to the said city 
by this act, they shall enjoy all the privileges, rights and 
immunities, and shall be subject to the same liabilities as 
are all other cities and towns not incorporated by special 
act. 

§ 5. This act shall be deemed a public act and be in 
force from and after its passage. 

Approved March 7, 1867. 



AN ACT to repeal certain portions of a local act entitled "An act to levy injforce March 
taxes upon the property in certain towns therein named, to liquidate the 7, 1867. 
indebtedness for building a bridge across the Kankakee river at Aroma, 
in Kankakee county." 

Wheeeas, at the last session of the general assembly of Preamb e. 
the state of Illinois, an act was passed entitled "An act to 
levy taxes upon the property of certain towns therein 
named, to liquidate the indebtedness for building a bridge 
across the Kankakee river, at Aroma, in Kankakee county;" 
and, whereas, said act required the levying and collection 
of taxes for the purpose in said title mentioned, in the towns 
of Popeneau and Beaver, in the county of Iroquois; and, 
whereas, the said towns of Popeneau and Beaver, through 
and by their supervisors, have procured an injunction 
against the levying and collection of said taxes, on the 
ground of unconstitutionality, which injunction suit is still 
pending, and undetermined ; and, whereas, the said bridge 
has continued to be a toll bridge, notwithstanding the 
passage of said act ; therefore. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That said act, Act repealed, 
the title of which is recited in the foregoing preamble, and 
which was approved February 16, 1865, so far as the same 
relates to the county of Iroquois, and requires the levying 
and collection of taxes for the liquidation of indebtedness 
incurred by the Aroma bridge committee, or for any other 

Yol. Ill— 34 



266 



TOWNS. 



purpose connected with said bridge, be and the same is 
hereby repealed. 

§ 2. This shall be a public act, and take effect and be 
in force from and after its passage. 

ArrRovED March 7, 1867. 



In|force March 
6, 1S67. 



AN ACT to change the name of the town of Wilson to Illiopolis. 



Section 1 . £e it enacted by the People of the /State of 
lUmois^ rejpresefiited in the General Assembly^ That the name 
Name changed, of the town of Wilsou, in Saugamou county, be and the 
same is hereby changed to Illiopolis. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved March 6, 1867. 



In fo^ce Maich 
6, 1867. 



Name and style 



Boundaries. 



Powers of incor- 
poration. 



AN ACT to incorporate the town of Shipman, Macoupin county. 

Section 1. Be it enacted by the People of the State of 
Illinois^ rejpresented In the General Assembly, That the 
inhabitants of the town of Shipman, in the county of Ma- 
coupin, are hereby made a body corporate and politic, under 
the name and style of " The president and board of trus- 
tees of the town of Shipman," and by that name shall have 
perpetual succession, and a common seal which they may 
alter at pleasure, and in whom the government of the cor- 
poration shall be vested, and by whom its affairs shall be 
managed. 

§ 2. The boundaries of said corporation shall include, 
in addition to all of the present town of Shipman, an addi- 
tion as recorded in the recorder's office in the town of Car- 
linville, a strip of land one-fourth of a mile in width around 
the entire town of Shipman aforesaid. 

§ 3. Whenever any addition of tov/n lots shall be made 
adjoining said incorporation, and shall have been properly 
recorded as required by the laws of Illinois, the same shall 
become and be a part of said corporation as fully as if 
they had been originally included in said corporate limits. 

§ 4. The inhabitants of said town shall have power to 
sue and be sued, plead and be impleaded, defend and be. 
defended, in all courts of law or equity in any and allf 
actions at law; to purchase, receive and hold property, 
both real and personal, for the benefit of said incorporation, 



TOWNS. 267 

or to sell, lease or dispose of the same for the benefit afore- 
said. 

§ 5. On the first Monday in April, in the year of our Lord Election oitrus-. 
one thousand eight hundred and sixty-seven, the said inhabi- ^^^^' 
tants shall meet at some public place in said town, and elect 
five trustees from among the legal voters of said town, in 
whom shall be vested the corporate powers and duties of 
said corporation ; and the persons so elected shall hold their 
office for one year from the date of their election, and until 
their successors are duly elected and qualified ; and the 
elections for trustees thereafter shall be annually, on the 
first Monday in April, forever thereafter, or until the time 
shall be legally changed : Provided, no election shall be Proviso. 
held unless notice shall have been given at least ten days 
by posting up written or printed notices, in at least three 
public places in said town, of the time and place of holding 
said election, and the offices to be filled ; which may be 
given at the first election, to-wit: On the first Monday in 
the month of April, 186T, by any person; but at all suc- 
ceeding elections by the said board of trustees. 

§ 6. No person shall be eligible as a trustee of said ^e'llctfojl^ ^"^ 
town, who shall not have arrived at the age of twenty-one 
years, and who shall not have been a resident of said town 
at least one year immediately preceding the said election, 
and who shall not be a freeholder in said town at the time 
of his election. All free white male inhabitants over the 
age of twenty-one years, who shall have resided in said 
town six months preceding any town election for trustees, 
shall be entitled to vote at such election. 

§ 7. And the said trustees, at their first meeting, shall p^^'^^^^^^^- 
proceed to elect one of their own board as president, and 
shall have power to fill by appointment, any vacancy or va- 
cancies which may occur in said board by death, resigna- 
tion or otherwise, who shall serve as such until the next an- 
nual election, and until their successors are elected and qual- 
ified. They shall also have power to appoint a town consta- Appointment of 
ble, assessor, treasurer, collector, clerk and street commis- 
sioner, all of whom shall be required to give bond with 
approved security, with such conditions and in such 
amounts as the said board may require ; and who shall each 
also take an oath before a justice of the peace, or some 
person authorized by law to administer oaths, well and 
faithfully to perform their duties as officers of said corpora- 
tion, to the best of their skill and abilities. 

• § 8. It shall be the duty of said constable to execute all <-'onstabie. 
writs, precepts and processes which may be issued by any 
person authorized to issue the same, against any person for 
any violation of any ordinance of said town"; and shall 
have the same powers and restrictions that other constables 
have ; and whose fees shall be the same, so far as applica- 



268 



TOWNS. 



Rules and resu- 
iatioDs. 



Taxes. 



Street improife- 
ments. 



Liquor traffic. 



NuiBance^i. 



ble to his duties, and shall hold his office for one year and 
until his successor is duly appointed and qualified. 

§ 9. The trustees aforesaid and their successors, or a ma- 
jority of them, shall have full power and authority to ordain 
and establish such rules and regulations for their govern- 
ment and direction, and for the transaction of the business 
and concerns of the corporation, as they ma}^ deem expe- 
dient and for the best interests of the citizens of said town; 
to order, establish and put into execution such by-laws, or- 
dinances, and regulations as may seem necessary for the 
government of said town, and for the management, control 
and disposition of its corporate property, and generally to 
do and execute all such things which may seem necessary 
to them to do, not repugnant to the constitution or law^s of 
the state of Illinois or of the United States. 

§ 10. The said trustees shall also have power to levy 
and collect a tax, not exceeding one-half of one per cent, 
on all lots of ground, improvements and personal property 
within the limits of said corporation, according to its value; 
to tax shows, concerts, lectures or public exhibitions of any 
kind where an admittance fee is charged ; which tax, when 
collected, shall be paid into the town treasury for ordinary 
purposes. All taxes levied under the provisions of this act 
shall be collected in the same manner as state and county 
taxes are now collected bylaw. They shall also have power 
to direct the improvement of the streets and sidewalks, and 
keeping the same in repair ; the erection and repairing pub- 
lic buildings and any other works of public utility, and order 
the treasurer to pay tor the same out of any money in the 
treasury not otherwise appropriated. 

s^ 11. The board of trustees shall have the right and power 
to regulate, grade and improve the streets, for which pur- 
pose they may levy a road labor tax of not less than three 
nor more than five days for each year, upon every able- 
bodied male resident over the age of twenty-one and under 
the age of fifty years, to be collected and applied in such 
manner as they may determine and direct. 

§ 12. The said board of trustees shall also have power 
to regulate, license, suppress or prohibit the selling, barter- 
ing, exchanging or traffic in, or giving away as a beverage, 
any ale, wine, rum, gin, brandy, whisky or any other intox- 
icating liquors, within the limits of said corporation, and 
may pass ordinances fixing the amount and nature of punish- 
ment or fine to be assessed on any person who shall violate 
any of the provisions of this section, or pcr;iiit the same to 
be done on his, her or their ])remise8. 

§ 13. The said board shall have power to declare and 
define what shall be deemed nuisances, and to pass ordi- 
nances for abafirig the same and for punishing the authors 
thereof. 



TOWNS. 269 

§ 14. To restrain, regulate and prohibit the running at Animals at largo 
large of cattle, horses, sheep, swine, goats and other ani- 
mals, and to authorize the distraining, impounding and sale 
of the same, and to prohibit any indecent exhibitions of 
horses and other animals, and define the punishment 
therefor. 

§ 15. It shall be the duty of any justice of the peace in justice of the 
said corporation, and he is hereby authorized and empower- p®'^'^®- 
ed, on view or upon complaint being made to him, upon 
oath, of the violation of any law or ordinance of said town, 
to issue his warrant directed to the town constable, or to 
any authorized person, to apprehend the offender or offend- 
ers, and bring him or them forthwith before him ; and after 
hearing the evidence, if it shall appear that the accused has 
been guilty of the violation of any law or ordinance as 
charged, he shall impose such line or imprisonment as may 
be provided, for the offense committed, by the ordinance or 
law of said corporation , to provide ^br the punishment of 
any offender who shall fail or refuse to pay any fine which 
may be legally assessed against him or them. 

§ 16. The inhabitants of said corporation shall be ex- Exemption from 
empt from the performance of road labor, or the payment "^^^^ ^^'^°''- 
of road tax levied by authority of the county court ; and 
the entire jurisdiction and control of all the roads, bridges, 
and highways, shall be held and exercised by said board of 
trustees of said town. 

§ 17. This act is hereby declared to be a public act, and 
shall be in force and take effect from and after its passage. 

Approved March 6, 1867. 



AX ACT to incorporate the town of Atkinson, in Henry county. in foice March 

,7,1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That the inhab- 
itants of the town of Atkinson, in the county of Henry and 
state of Illinois, are hereby constituted a body corporate and 
politic, by the name and style of "The President and Trus- Name and stjie. 
tees of the Town of Atkinson," and by that name and style 
shall have perpetual succession, and may have and use a 
common seal, which they may change and alter at pleasure. Powers, 
and in whom the government of the corporation shall be / 

vested, and by whom its afiairs shall be managed ; and may 
sue and be sued, plead and be impleaded, defend and be de- 
fended in all courts of law and equity and in all actions and 
matters whatsoever ; may purchase, receive, hold and grant 
real and personal property, within the limits of said town, 
and no other, (except for burial grounds,) and may use, sell 



270 TOWNS. 

and lease the same ; and do all other acts, as natural per- 
sons, which may be necessary to carry out the powers here- 
by granted. 

Boundaries. § 2. Tlic boundaries of the corporation of said town 

shall be as follows : It shall be and include the south-east 
quarter of the south-west quarter of section twenty-seven ; 
the east half of the north-east quarter of section thirty-four, 
(being part of village plat ;) north-east quarter of the south- 
west quarter of section thirty -four ; the north half of the 
south-east quarter of section thirty-four ; the north-east 
quarter of section thirty-four, (^being part of village plat ;) 
the south half of the south-east quarter of section twenty- 
seven ; the south west quarter of the south-west quarter of 
section twenty-six ; the west half of the north-west quarter 
of section thirty-five, and the north-west quarter of the 

Proviso. south-west quarter of section thirty -five : Provided^ never- 

theless^ the president and trustees of said town may, at any 
time, by ordinance, prescribe other and different boundaries 
for said town, not exceeding two miles square, nor dimin- 
ishing less than one-half mile square. 

Torm of office " § ^' '^^^ prcscut president and trustees of said town, as 

'" incorporated under the general act of incorporation, shall 

hold their offices until the third Monday in January, next, 

EiecUons. and until their successors are elected and qualified. And 
on the third Monday in January, next, and every year there- 
after, an election shall be held for five trustees of said town, 
who shall hold their ofiice for one year and until their suc- 
cessors are elected and qualified ; and ten days' public no- 
tice of the time and place of holding an election for trustees 
shall be given by the president or clerk of said board by 
advertisement in any weekly paper published in said town, 
or by posting up notices in three of the most public places 

Qualified trus- in Said towu. No pcrsou shall be elected trustee of said 

*®*^* town who shall not be qualified to vote for state and county 

officers, and who shall have been a resident and Ijona fide 

freeholder, for one year, within the incorporated limits of 

said town. 

Meetings. § 4. The trustccs of Said town shall, at their first meet- 

ing — which shall be within ten days after their election — 
elect one of their number president, and also appoint a clerk 
of said board of trustees; and, also, shall be judges of the 
election, qualifications and returns of their own members — 

Quorum. a majority of whom shall constitute a quorum to do business, 

but a less number may adjourn from day to day, and compel 
the attendance of absent members, in such manner and under 
such penalties as they may provide, and punish their mem- 
bers for disorderly conduct, and, by a vote of three-fifths of 
the whole number elected, expel a member ; and make such 
other rules and regulations for their government as may 

Vacancies. Seem proper and expedient, and shall have power to fill any 
vacancies in the board of trustees occasioned by death, re- 



TOWNS. 271 

signation, removal, or continued absence from the town for 
three months or otherwise. 

§ 5. That at any election for trustees, every person who Qualified voters 
shall be qualified to vote for state and county officers, and 
shall have been a resident, within the incorporated limits 
of said town, for sixty days previous to such election, may 
enjoy the right of an elector ; and all elections for trustees 
shall be by ballot, and held and conducted as elections are 
held at town elections under the township organization law: 
Provided^ nevertheless, that the election may be opened and 
closed at any time, to be set forth in the election notices. 

§ 6. The president and trustees of said town shall have 
power — 

I'irst. — To cause all streets, alleys and public roads, street labor, 
within the limits of said corporation, to be kept in good re- 
pair, and to this end may require every male resident of 
said town, over the age of twenty-one years, to labor on the 
same not exceeding three days in each year ; and to appro- 
priate so much from the general funds of the corporation as 
they shall deem necessary therefor ; and provide, by- ordi- 
nance, as they may think best, for the collection of fines for 
refusal to labor on the highways, at the rate of one dollar 
and fifty cents for each day's labor assessed. 

Second. — To open, alter, vacate, widen, extend, establish, Alterations of 

, } '. . ' ' ' ' ,, ' streets. 

grade, pave or otherwise improve any street, avenue, alley, 
lane or public grounds or roads, within the limits of said 
town. 

Third. — To make, construct and keep in repair sidewalks sidewalks, etc. 
or pavements in front of any lot or lots adjacent to any 
street or alley in said town, and may levy and collect, from 
time to time, a tax upon the lot or lots in front of which Taxes, 
such sidewalks or pavements are or shall be ordered or pro- 
posed to be made, constructed or kept in repair. The presi- 
dent and trustees shall provide, by ordinance, for the levy- 
ing and collecting of said tax, and shall cause the same to 
be entered on the records of the corporation, and the num- 
ber of the lot or lots upon which the tax is proposed to be 
collected and the amount upon each lot ; and a certified 
copy of such resolution shall be filed in the office of the 
clerk of the county court. It shall then be collected in such 
manner as county taxes are collected. 

I'oiivth. — To levy and collect taxes upon all property. Rates of. 
real and personal, within the limits of said corporation, not 
exceeding one per cent, per annum upon the assessed valu- 
ation thereof, in the same manner as is provided in the pre- 
ceding article. 

I^ifth. — To restrain and prohibit the running at large of Animals at large 
horses, mules, cattle, sheep, swine, and other animals ; to 
authorize the distraining and impounding and sale of the 
same, and to prohibit any indecent exhibitions of horses or 
other animals. 



272 



TOWNS. 



Dogs. 



Liquor traffic. 



Riding and dri- 
ving. 



Pound. 



Billiards, etc. 



Gambling, etc. 



Exhibitions. 



Saloons, etc. 



Sanitary. 



Water. 



Buildings. 



Recording ordi- 
nances. 

OCBcers, 



Railroad cross. 
ing3, etc. 



Public grounds. 



Sixth. — To prevent and regulate the running at large of 
dogs, and authorizing the destruction of the same when 
running at large contrary to any ordinance. 

Seventh. — To license, suppress and prohibit the selling, 
bartering, exchanging, giving away or traffic, in any form, 
of all wines, bitters, ale, cider, beer, gin, rum, brandy, 
whisky, or other intoxicating liquors, within the limits of 
said town. 

Eighth. — To prevent horse-racing or immoderate driving, 
within the limits of said town, of horses or other animals ; 
to prohibit the abuse of animals; to compel persons to 
fasten horses or other animals, attached to vehicles or other- 
wise, while standing or remaining in any street or alley or 
public road in said town. 

Ninth. — To establish a public pound, and to appoint a 
pound master and prescribe his duties. 

Tenth. — To license or suppress and prohibit any billiard 
table, Jenny-Lind table, roulett table or ball alley. 

Eleventh. — To prohibit and suppress all descriptions of 
gambling and fraudulent abuses, and all gambling establish- 
ments. 

Twelfth. — To license, regulate and suppress all exhibi- 
tions of common showmen or shows of every kind, caravans 
or circuses and exhibitions or amusements. 

Thirteenth. — To license and tax saloons, groceries, auc- 
tioneers, merchants, peddlers, retailers, pawnbrokers and 
money changers. 

Fourteenth. — To make general regulations to secure the 
health of the inhabitants, and to declare what shall be a 
nuisance, and to prevent and remove the same. 

Fifteenth. — To provide the town with water for the 
extinguishment of fires and convenience of the public. 

Sixteenth. — To provide all needful buildings and furni- 
ture for the use of the town, and compensation to the officers 
of the town, and provide for the payment of any debts and 
expenses. 

Seventeenth. — To provide for the recording of all by-laws 
and ordinances of the town, and also to appoint a treasurer 
and street commissioner, and prescribe their duties ; and 
they may require bonds from the several officers for the 
faithful performance of their several duties. 

Eighteenth. — To require of any railroad company within 
their corporate limits to make and keep in repair suitable 
crossings upon the streets, alleys or public roads, crossing 
the railroad grounds and tracks, and to regulate the speed 
of engines and trains running through the corporate limits 
of the town. 

Nineteenth. — To improve all public grounds and protect 
the same, and to provide for the protection of trees from in- 
jury by horses or other animals. 



I 



•rowi^S, 273 



Twentieth. — To make all ordinances which shall be ne- Necessary ordi- 
cessary and proper for carrying into execution the powers 
specified in this act, or which they may deem necessary oj* 
expedient for the better regulation of the internal police of 
said town, and to execute the same, and to impose fines Fine?, etc. 
and forfeitures and penalties for the breach of any ordi- 
nances or any of the provisions of this act, and to provide 
for the recovery and appropriation of such fines and forfeit- 
ures, and the enforcement of such penalties : Provided^ 
that in no case, except for assault, assault and battery, riot, 
affrays, shall any fine exceed twenty dollars. , 

§ 7. The president and trustees of said town shall have Town constable 
power to appoint a town constable for said town, whose 
duty it shall be, when so appointed and sworn into office, 
to execute any writ, process or precept which may be issued 
against any person or persons for the violation of any ordi- 
nance of said corporation, and to perform any and all other 
duties which are now or shall hereafter be prescribed by 
any general statute of the state to be done or performed by 
constables of Henry county : Provided^ any other consta- 
ble of the county may execute any process or do any thing- 
required of any constable by virtue of this act. 

§ 8. At the next election of the board of trustees, and J"|^ce of the 
every four years thereafter, there shall be elected by the 
legal voters of the corporation, one justice of the peace for 
the corporation, who shall hold his office for the term of 
four years, and until his successor is duly elected and quali- 
fied. Said justice of the peace shall qualify in the same 
manner provided by law for justices of the peace of towns, 
and shall be commissioned by the governor, the same as in 
other cases of justices of the peace ; and [it] shall be his 
duty upon the complaint on oath being made to him of the 
violation of any law or ordinance of said corporation, to 
issue his warrant directed to any constable to apprehend 
the person or persons so offending, and bring him or them 
forthwith before him ; and if it shall appear from the testi- 
mony that the accused has been guilty of the violation of 
any law or ordinance of the corporation, the said justice impose iines. 
shall impose such fines as may be prescribed in such law or 
ordinance : Provided^ that where the judgment exceeds five P'oviso. 
dollars an appeal may be taken to the circuit court of the 
county, as in other cases : And^ provided^ that in no case 
shall the president or trustees be required to give bail or 
security for costs in any case where they may be a party in 
any suit or action. 

S 9. The iustice of the peace elected in accordance with Justice's juris- 

^ diction. 

the provisions of the preceding section [shall] be clothed 
with the same authority and jurisdiction, and be empower- 
ed by and subject to all statutes governing justices of the 
peace of Henry county: Provided, always, that any justice Pioviso. 
of the peace residing within the corporation may perform 

Yol. Ill— 35 ^ 



274 TOWNS. 

the duties of corporation justice of the peace until one is 
elected and qualilied according to the provisions of the 
preceding section. 

Dispositioa of § 10. All fiucs, forfeitures and penalties, and all money 

' ^' received for licenses, or for powers or privileges granted by 

this corporation, shall be paid to the treasurer of said town 

by the officer receiving the same, within live days of the 

time of receiving the same. 

Promuigaiion oi § H. That all ordinauccs of said town shall be written 

^*'"- out and signed by the president and clerk, and published 

in a newspaper or posted up in three of the most public 

places in said town for ten days before said ordinance shall 

be in force. 

Feef g 12. The justice of the peace and constable who may 

render services under this act shall be entitled to the same 
fees and collect them in the same manner as now is or here- 
after may be required by law in other cases. 

Exemption from § 13. The inhabitants of said town are hereby exempt- 

road labor. ^ j from worlviug upou any road beyond the limits of the 

corporation, and from paying any tax upon property within 

its limits, to procure laborers to work upon any such road : 

ProTi^o. Frovided^ the electors may at their annual meeting vote 

upon the question of raising money to work upon roads 
leading to said town, and if a majority of the voters are in 
favor of raising a tax for such purposes, the president and 
trustees may levy and assess such tax upon all of the taxa- 
ble property in said corporation. 

Indebtedness § 14. The president and trustees shall have no power 
to borrow money or issue any evidences of indebtedness, 
at any time, for any amount above what may be provided 
for by taxes levied, or other certain sources of revenue, 
unless specially authorized so to do by a vote of a majority 
of the legal voters of the corporation voting at a meeting 
called for the purpose of raising money. 

Election* legal- § 15. That tho election which was held in the village 

'■^^' of Atkinson on the 12th day of Januar}^ a. d. 1867, to vote 

for or against incorporation, and the election which was 
held on the 19th day of January a. d. 1867, for five trustees 
of said town, and all ordinances by them passed, and all 
ordinances and by-laws ordained and passed by the presi- 
dent and trustees of said town, now in office, not inconsist- 
ent with the laws and constitution of this state or the United 
States, are hereby legalized and declared valid in all re- 
spects whatever. 

ETid«nce oi act § 16. This act is hereby declared to be a public act, and 
may be read in evidence in all courts of law or equity with- 
in this state, without proof, and shall be construed liberally 
in all courts for the purposes therein expressed. 

§ 17. This act shall be in force from and after its pas- 
sage. 

Approved March 7, 1867. 



TOWNS. 275 



AN ACT to amend an act entitled "An act to incorporate the town of in force March 
Hillsboro, Montgomery county, Illinois. 7, 1867. 

Section 1. Be it enacted hy the Feople of the State of 
Illinois^ represented in the General Assembly^ That the Boundaries, 
boundaries of said corporation shall be as follows, to- wit : 
Beginning at the center of section one, township eight 
north, range four, west of the third principal meridian ; 
thence north one-fourth of a mile, thence west to Shoal 
creek, thence south-westerly with the meanderings of said 
cretk until it strikes a line running north and south through 
the center of section two, thence south to the south line of 
section eleven, thence east one mile, thence north to the 
place of beginning. 

§ 2. The said president and trustees shall have full Taxation, 
power to levy and collect a tax of three-fourths of one per 
cent, on all personal property and all real estate, and its 
appurtenances lying and being within the limits of said 
corporation, to be applied to the purposes named in the act 
to which this is an amendment, and also for the purpose of 
constructing culverts and bridges in the limits of said cor- 
poration. 

§ 3. The said president and trustees shall have full sidewaiki. 
power to construct, or cause to be constructed, suitable and 
convenient sidewalks upon the streets within the corporate 
limits of said corporation, whenever in their judgment the 
public interest of said corporation may render the same 
necessary, and may pay for the same out of any general 
I'und or tax of said town. 

§ 4. When any fine shall be imposed upon any person Executions. 
for the violation of any of the ordinances or by-laws of said 
corporation, executiou shall be issued by the justice impos- 
ing the same, or by the clerk of the circuit court; if such 
fine shall be imposed in such court upon appeal, immedi- 
ately upon the rendition of such judgment for the amount of 
such .fine and costs of suit, and it shall be the duty of the 
town constable to execute the same as in other cases : Pro- rroyiso. 
vided^ that no execution shall be issued immediately upon 
the rendition of judgment, if the defendant shall pray an 
appeal and also execute bond to the satisfaction of the justice 
at any time during the day the judgment shall be rendered. 

§ 5. Whenever the word "directors" occurs in the act word changed, 
to which this is an amendment, the word "trustee" shall 
apply and be understood and used instead thereof. 

§ 6. The ordinances and by-laws of said corporation. Evidence of act 
when printed in book or pamphlet form, purporting to be 
the ordinances and by-laws of said corporation, shall be 
received 2i^ prima facie evidence of their enactment, verity 
and due publication. 



276 



TOWNS. 



A5ses«neat5. ^ 7. It shall be the duty of the assessor of said corpo- 

ration in assessing the taxable property of said corporation 
to adopt the assessment made by the county assessor, when- 
ever lie shall be required to do so by the ordinances of said 
corporation, or by the order of the president and trustees 
of said corporation, made and duly entered upon the books 
of said corporation. 
^alis. ^'^*^^^ ^ ^- ^i^enever it shall be necessary to sell either real 
or personal property for the non-payment of taxes, lying 
and being within the limits of said corporation, the sVm'e 
shall be sold in such a manner as may be provided by the 
ordinances of said corporation, and shall not be inconsis- 
tent with the constitution and laws of this state and the 
ordinances of said corporation, providing for the sale of 
real estate, for the non-payment of taxes, shall conform as 
S^J" eai'ed^ ^^^'^ "^?^ ^^ ^^^ ^^ practicable to the revenue laws of this state. 

§ 9. So much of the act to which this is an amendment 
as is inconsistent with the provisions of this act, be and the 
same is hereby repealed. 

§ 10. This act shall be in force from and after its passage, 
and the same, as well as the act to which this is an amend- 
ment, is hereby declared to be a public law. 

Approved March 7, 1867. 



iM force March AN ACT to incorporate the town of Newark. 

4, 186/ . 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejyresented in the General Assembly. That the 
inhabitants of the town of JSTewark, in the county of Ken- 
dall, and state of Illinois, be and the same are hereby in- 
corporated and constituted a body corporate and politic, by 
-Name and style ^j^^ ^^^^^^ ^^^^ .^^j^ ^^ u^hg President and Trustees of the 

Town of Newark,-' and by that name and style shall have 
perpetual succession, and may have and use a common seal, 
which they may alter or change at pleasure, and in whom 
the government of the corporation shall be vested, and by 
whom its affairs shall be managed. 
Beundarie-. § 2. The boundaries of said town shall be as follows, 

to-wit: Commencing at the southeast corner of the west 
half of section live, and running due north one mile, to the 
northeast corner of the said west half of section five ; and 
thence due west one mile to the northwest corner of the 
east half of section six; and thence due south one mile to 
the southwest corner of the said east half of section six ; 
and thence due east one mile to the point of beginning — 
both of which half sections hereby bounded and embraced, 
to-wit : the west half of section five, and the east half of 
section six, and being situated in township thirty-five north. 



TOWNS. 2 77 

range six, east of the third principal meridian, in the county 
of Kendall, and the state of Illinois. 

§ 3. The inhabitants of said town, by the name and Powers, 
style aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, defend and be defended, answer 
and be answered unto, in all courts of law and equity in 
this state, in all actions whatever; to purchase, receive and 
hold property, real and personal, within or without the cor- 
porate limits of said town, for burial grounds and other 
public purposes, for the use and benefit of the inhabitants 
of said town ; to sell, lease, or otherwise dispose of the 
property, real and personal, of said town, for the use and 
benefit of the same, and to improve and protect such 
property, and to do all the other acts and things in relation 
thereto that natural persons might do. 

§ 4. The corporate powers and duties of said town shall Trustees.; 
be vested in five trustees, who shall constitue a board for 
the transaction of the business of said town, and the per- 
sons who are now trustees ot said town, holding their 
offices under and by virtue of the general laws of this state 
for the incorporation of towns and cities, shall be deemed 
to hold their offices under and by virtue of this act, until 
the first Monday of. March, in the year of our Lord one 
thousand eight hundred and sixty-seven, and until their 
successors are elected and qualified. 

§ 5. On the first Monday of March, in the year of oux i^iectionof. 
Lord one thousand eight hundred and sixty-seven, and ever 
afterwards, on the first Monday of March, in each and 
every year, an election shall be held in the said town of 
Newark, for the election of five trustees of said town. The 
persons so elected shall be citizens of the United States 
and of this state ; they shall possess a freehold estate with- 
in said town, and shall have actually resided within said 
town six months next preceding their election; and shall 
hold their office for the term of one year, and until their 
successors are elected and qualified, uriless sooner removed 
by death, resignation or otherwise, as provided by this act, 
or the ordinances ot said town. 

§ 6. The incumbent board of trustees shall give ten Publication of 
days] previous notice of all elections to be held under the ''°*'''^- 
provisions of this act, or any ordinances of said town, by 
posting up notices, in writing, in at least three public places 
in said town, or by publication in some newspaper publish- 
ed therein. Said notices shall specify the time and place 
of holding such election, the hour of the day at which the 
l)olls shall be opened, and the hour at which they shall 
be closed. The voters who may be present at the time and 
place specified for holding any such election, shall, at the 
hour specified for opening the polls, appoint, by acclama- 
tion, three of their number to act as judges of such elec- Ju<iges- clerks 
tiou ; and the said judges shall appoint two clerks of such 



378 



TOWJ^S. 






Oath of office. 



President. 



Rules. 



election. Said judges and clerks, before entering upon t 
I duties of their offices, shall qualify in the same manner at 

is required of judges and clerks of elections for state anc, 
county purposes. All such elections shall be by ballot, anci 
all persons who, by the laws of this state, are entitled tc| 
vote for state and county officers, and who shall have beer! 
Qualified voters actual residents of said town six months next preceding' 
such election, shall be entitled to vote thereat; and all caser 
of contested elections, under this act, shall be tried and de 
termined by the police magistrate of said town, in suclj 
manner as may be provided by ordinance. 

§ 7. The trustees elect, before entering upon the duties 
of their offices, shall take and subscribe an oath to support 
the constitution of the United States and of this state, anc; 
that they will, to the best of their abilities, faithfully dis 
charge the duties of their office. They shall hold at leasij 
one regular meeting every three months, and shall, at thei:; 
first meeting after their election, appoint one of their num. 
ber president. A majority of said trustees shall constitute, 
a quorum to do business; but a smaller number may ad' 
journ from day to day, and may compel the attendance o: 
absent members, in such manner and under such penaltief, 
as may be, by ordinance, provided. Said board may make! 
such rules and regulations as to them may seem proper '.j 
they shall have power to fill vacancies, by appointment, in; 
the board of trustees, occasioned by death, removal, resig- 
nation, or continued absence from the regular meetings foi 
the term of three months, or otherwise. They may punisl: 
their members for disorderly conduct, and by vote of three 
fifths of all their members, they may expel a membeii 
from the board, and they shall also have power to remov(i 
from office (by a vote of three-Hfths of all their members 
any subordinate officer of said town, who holds his officc; 
by appointment of the board of trustees of said town. . 

§ 8. They shall have power, and it shall be their duty; 
to appoint a clerk, town constable, treasurer, assessor, col 
lector, and one or more street commissioners, and such othej, 
officers (if any) as may be necessary for carrying into effec 
the provisions of this act, and the ordinances of said town, 
and to require them, before entering upon the duties o.\ 
their respective offices, to give such bonds and security af 
may be necessary to insure the faithful performance of theij 
duties. They sliall also require all persons appointed t( 
office by them, before entering upon the discharge of th( 
duties of their respective offices, to take and subscribe ai 
oath that they will support the constitution of the Unitec 
States and of this state, and that they will faithfully, an(j 
to the best of their ability, discharge the duties of theii 
offices. 

§ 9. They shall have power and authority to levy, assesi 
and collect taxes upon all property, real and personal, withf 



Appointment of 
officers. 



T*xe?, 



1 



TOWNS. 



279 



said town, which is subject to taxation for state and county 
purposes, not exceeding fifty cents, annually, on the hun- 
dred dollars of the assessed valuation thereof; and they 
may assess and enforce the collection of such taxes by any 
ordinance or ordinances not repugnant to the constitution 
of this state or the United States. They shall also have 
power to appropriate money, and to provide for the pay- 
ment of the debts and expenses of the incorporation. 

§ 10. They shall have power to make regulations for aanitary. 
securing the general health and comfort of the inhabitants of 
said town; to define and declare what shall be considered 
a nuisance, and to provide for the prevention, removal or 
abatement of the same, and to provide for the punishment 
of the authors thereof, by fines, penalties or imprisonment 
in the county jail of Kendall county, or by both such fines 
and imprisonment, and to authorize, direct and enforce the 
summary abatement of any such nuisance or nuisances. 

§ 11. They shall have power, and it shall be their duty, street labor 
to cause all streets, alleys and public roads within said town 
to be kept in good repair; and for that purpose they may 
require every male resident of said town, over the age of 
twenty-one years, and not exceeding fifty years, to labor 
thereon not exceeding three days in each and every year, 
or to pay, at the time of being notified to work, the sum of 
one dollar and fifty cents for each day's labor thereby re- 
quired of him ; and if the labor and money performed and 
received be not sufficient for that purpose, they shall appro- 
priate so much from the general fund of the corporation as 
may be necessary therefor; and the inhabitants of said 
town shall be exempt from working on any road outside of 
the same. 

§ 12. They shall have power to open, alter, vacate, s^eetjrapr 
widen, extend, establish, grade, pave or otherwise improve 
any street, avenue, lane, alley, })ublic grounds and public 
roads within the limits of said town, and to establish, erect, 
construct, build and keep in repair bridges, culverts, sewers, 
sidewalks^ pavements and cross-ways, and to regulate the 
construction and use of the same, and punish the abuse 
thereof; and to levy and collect, from time to time, a tax 
on the lot or lots in front of which such sidewalk or side- 
walks, pavement or pavements, shall be ordered and pro- 
posed to be made or repaired: Provided^ tliat every such piotiso 
;tax shall be levied on such lots proportionate to the length 
of their respective fronts : And provided, further, that 
isuch tax shall not exceed one-half of the actual cost of such 
making or repairing, and that the other half of the cost of 
such making or repairing shall be paid out of the general 
fund of the corporation: Provided, that the tax provided 
for in this section shall not be taken or held to be any part 
I of the tax provided tor in section nine of this act. 



ments. 



'2S0 

Wells. 



TOWNS. 



§ 13. They shall have power to provide 
■water ; to sink and keep in repair public 



I 



the town wit 
wells; and to 



stone, 
., to 



Merchants, etc. 



Combustibles. 



Gambling. 

Disorderly 
houses. 



Ebchibitions, etc 



Offenders. 



erect and keep in repair such public buildings as the neces- 
Forageanii fuel sitics of the towu may require, and provide for the inspec- 
tion and weighing of hay, stone-coal and building 
and the measurement of wood, fuel and building stone 
be used in said town. 

§ 14. They shall have power to license, tax and regulate 
auctioneers, merchants, family grocery stores, eating houses, 
hawkers and peddlers, and to regulate the fixing of chim- 
neys and the flues thereof; also, to regulate the storage of 
gun-powder and other combustible materials in said town ; 
to restrain and prohibit every description of gambling and 
fraudulent devices, and to suppress and prohibit gambling 
houses, bawdy houses, houses of ill fame, and all other dis- 
orderly houses, within said town, and one mile from the 
limits of said town. 

§ 15. They shall have power to tax, license and regu- 
late, or suppress and prohibit, all exhibitions of common 
showmen, shows of every kind, caravans, circuses, and ex- 
hibitions and amusements of every kind, unless gotten up 
in said town by citizens of the said town. They shall also 
have power to provide for the arrest, trial and punishment 
of persons who may be guilty of any assault, assault and 
battery, affrays, routs, riots, disturbing the peace of the in- 
habitants, or of any public meeting, whether religious or 
otherwise, of said town, or disorderly assemblages of any 
kind, within the limits of said town ; to prohibit and impose 
penalties on the authors thereof; any indecent exposure of 
person or dumb beast to public view, or the public use of 
indecent or obscene language, or the exposure to public 
view of any indecent or obscene picture or publication, 
within the limits of said town. 

§ 16. They shall have power to prevent the running at 
large of dogs, and to provide for the destruction of the 
same when found at large contrary to the provisions of any 
ordinance in such cases made and provided ; to prevent the 
tiring of squibs, guns, rockets, or other fire-works or com- 
bustibles, within said town. 

§ 17. They shall have power to prevent the incumber- 
ing of any street, lane, avenue, road, alley, or public ground 
of said town ; to protect shade trees ; to compel persons to 
fasten horses, mules and other animals, attached to vehicles, 
or saddled or bridled for use, while standing in any street, 
lane, road, alley or uninclosed lot within said town; to pre- 
vent horses, cattle, sheep, hogs or other animals running at 
large within said town, and to provide for distraining and 
impounding any such animal or animals, and the sale 
thereof to satisfy costs and charges, any penalty or penal- 
ties incurred under any ordinance of said town ; to prevent 
racing within said town with horses or other animals ; to 



Indecencies^ 



Dogp 



Fire-arms. 



Street obstnio- 
tion». 



Animals at large 



Riding and dri- 
ving. 



TOWNS. 281 

> 

prevent any immoderate riding or driving of horses or 
otlier animals within said town, and also to prohibit and 
punish the abuse of any and all animals within said town. 

§ 18. The said president and trustees of the town of Liquor traffic. 
Newark shall have and exercise complete and exclusive 
control, as hereinafter provided, over the selling, bartering, 
exchanging, giving away, or in any manner trafficking in 
any wine, rum, gin, brandy, whisky, ale, beer, or other in^' 
toxicating liquor, within the limits of said town, and may, 
by ordinance, declare any such selling, bartering, exchang- 
ing, giving away, or trafficking in any manner in any such 
wine, gin, rum, brandy, whisky, ale, beer, or other intoxi- 
cating liquor, within the corporate limits of said town, and 
the place or places where the same is carried on, or either 
of them, a nuisance ; and shall have and exercise the same 
power and authority to provide for prohibition or prevention, 
removal or abatement of any such nuisance or nuisances, 
and for the punishment of the authors thereof, as they 
have and may exercise, by virtue of section ten of this act, 
in the case of other nuisances: Provided^ that they shall Proviso, 
allow hona fide druggists to sell the same, in good faith, 
for purely medicinal, mechanical or sacramental purposes, 
under such rules and aegulations as they m.ay prescribe. 

§ 19. They shall have power to direct the location and Nauseous and 

OIT'PnSlVG C3t&U~ 

regulate the construction and management of tanneries, liPhments. 
blacksmith shops, founderies, livery stables and packing 
houses; to direct the location and regulate the construction 
and management of, or to restrain, abate and prohibit, 
within said town, and to the distance of one mile from the 
limits thereof, breweries, distilleries, slaughtering establish- 
ments, establishments for rendering lard, tallow, offal, and 
such other substances as may be rendered or tried, and 
other establishments or places where nauseons, offensive or 
unwholesome business may be carried on. 

§ 20. They shall have power to restrain and prohibit v etc. 
vagrants, mendicants, beggars, prostitutes, and to provide 
for the arrest and punishment of any person or persons 
found intoxicated in any street, alley, or other public place 
in said town. 

§ 21. They shall have power to make such regulations ^"■^^' ^'"^ 
for the prevention and extinction of fires as they may deem 
expedient, and for that purpose they shall have power to 
procure fire engines and such other apparatus as are usually 
employed for the extinction of fires, and shall have the 
charge and control of the same. They shall also have 
power to organize fire, hook, hose, ax, and ladder com- 
panies, and to make rules and regulations for the govern- 
ment of the same. 

§ 22. They shall have power to enlarge the boundaries Enlargement of 
of [said] town by ordinance: Provided^ that they shall not 
pass any ordinance for enlarging the boundaries of said 
Yol. Ill— 36 



282 ■ TOWNS. 

town until they shall have submitted the question of such 
proposed enlargement to a vote of the qualified voters of 
said town, and all legal voters residing within such proposed 
enlargement, and shall have been authorized by a majority 
of such persons voting at such election to make such en- 
largement. 
Neediui orcU- § 23. They shall have power to make all ordinances 
■which may be necessary and proper for carrying into effect 
the powers and authority conferred on them by the provi- 
sions of this act, or which may be necessary for the better 
regulation of the internal police of the said town, not incon- 
sistent with the constitution of this state or with the United 
Fines. Statcs, and to cause the same to be executed. They shall 

Proviso. also have power to impose tines and penalties : Provided^ 

that in no case shall any fine for any one ofi'ense exceed the 
sum of one hundred dollars, nor shall they impose a penalty 
of imprisonment in the county jail for any one offense of 
more than six months. 
President and § 2J:. The president shall preside at all meetings of the 
duties, etc. board, wdien present, and in case ot his absence from any 
meeting, the members of the board present shall appoint 
one of their number chairman, who shall preside at that 
meeting. The president or any two members of the board 
may call special meetings of the board. The president 
shall be active and vigilant in enforcing the laws and ordi- 
nances for the government of said town. He shall inspect 
the conduct of all subordinate officers, and cause negligence 
or willful violation of duty to be punished. He shall have 
power and authority to call on all male inhabitants of said 
town, over the age of tWenty-one years, to aid in enforcing 
the laws and ordinances of said town; and any and every 
person w^ho shall neglect or refuse to obey such call shall 
forfeit and pay to said town the sum of not less than five 
dollars nor more than twenty-five dollars. He shall have 
power w^henever he may deem it necessary, to require of 
any ofiicer of said town a written exhibit of his books and 
papers ; and shall have power, and it shall be his duty, to 
do all other acts and things that may be required of him by 
the laws and ordinances of said town. 
Police magis. § 25. The prcscut police magistrate of said town of 
trat«. Newark, holding his office under and by virtue of an act 

entitled "An act f >r the better government of towns and 
cities, and to amend the charters thereof," approved Feb- 
ruary twenty-seventh, eighteen hundred and fifty-four, 
(Feb. 27, 1854) shall be deemed to hold his office under and 
by virtue of this act, until the expiration of his term of 
office. At the last election for trustees of said town previ- 
ous to the expiration of the term of office of the present po- 
lice magistrate of said town, and every four years thereaf- 
ter, there shall be elected a police magistrate of said town, 
who shall be, ex-qfficio^ a justice of the peace for the countj 



TOWNS. 283 

of Kendall. He shall qualify in the same manner, and be 
subject to the same penalties that are provided by the gene- 
ral laws of this state for other justices of the peace. He , 
shall hold his office for the term of four years, and until his 
successor shall be elected and qualified. He shall possess 
and may exercise all the powers, jurisdiction and authority 
that other justices of the peace of the county of Kendall 
might have and exercise in similar cases. 

§ 26. Said police magistrate shall be a conservator of Exclusive juris- 
the peace of said town of J^ewark, and shall have exclusive ^'°^^°'^°^- 
original jurisdiction, except as herein otherwise provided, 
in all cases arising out of or under the laws or ordinances 
of said town, or this act, and shall, in such cases, possess 
and may exercise all the rights, powers and authority now 
conferred on police magistrates by virtue of an act entitled 
"An act for the better government of towns and cities, and 
to amend the charters thereof," approved February 27, a. d. 
1854. Whenever, after the passage of this act, there shall vacancy. 
occur a vacancy in the office of police magistrate of said 
town, the board of trustees of said town shall, within twen- 
ty days from the occurring of any such vacancy, call an 
election to fill the same ; and the person so elected shall 
hold his office until his successor shall be elected and quali- 
fied. 

§ 27. He shall in all cases be entitled to the same fees and Fees, etc. 
emoluments that are by laws of this state allowed to other 
justices of the peace for similar services. In case of the Absence, etc. 
absence of said police magistrate, or of his inability, any 
other justice of the peace of said county of Kendall, having 
an office in said town, shall have the same jurisdiction, 
power and authority, under the laws and ordinances of said 
town, as the said police magistrate possesses in like cases. 
The rule of practice and proceedings in all cases arising Rules of pro- 
out of the laws or ordinances of said town, shall conform to <^®®^*°ss- 
the practice and proceedings before other justices of the 
peace, except cases where such rules of practice and proceed- 
ings shall be changed or modified by the laws or ordinances 
or charter of said town, in which case the rule of practice 
or proceeding shall conform to the rule prescribed l3y such 
laws, ordinances or charter. 

g 28. In all cases arising under any ordinance of said Appeals, 
town or under this act, changes of venue and appeals shall, . 

when applied for, be allowed to the circuit court of the 
said county of Kendall, in the same manner as is provided 
in other cases, before justices of the peace: Provided^ that Proviso, 
in all cases arising out of any ordinance of said town, or 
under this act, if either party wishes to appeal, he or they 
shall give notice in writing thereof to the justice of the 
peace before whom the case was tried, on the day of trial 
thereof, and shall file the necessary appeal bond with such 
justice of the peace within five days from the day of trial. 



284 



TOWNS. 



onstabla. 



Processe! 



Arre«'. 



Colleclion 
taxes. 



of 



Prosecutions. 



§ 29. The town constable of said town shall qualify in 
such manner as the board of trustees may by ordinance pre- 
scribe, and shall have power and authority to execute all 
warrants and other process issued by the police magistrate 
o\' said town, or any other justice of the peace of said county 
ol Kendall. He shall have and may exercise in all cases 
the same power and authority that are given to other con- 
stables of said county by the laws ot the state of Illinois, 
and shall be entitled to like fees for his services, and shall" 
in all cases of nonfeasance and misfeasance of duty be sub- 
ject to the same penalties and liabilities that are provided 
by the laws of the state of Illinois for other constables in 
like cases. 

§ 30. In all cases arising under the laws or ordinances 
of said town, any constable of the county of Kendall shall 
have the same right, power and authority to serve or exe- 
cute any process issued therein, original or otherwise, that 
the said town constable would possess. Whenever the 
constable of said town shall see any person or persons en- 
gaged in any assault, assault and battery, riot, rout, affray, 
disturbing the peace of the inhabitants of said town, dis- 
turbing any public meeting, religious or otherwise, or un- 
lawful assemblage of any kind within said town, it shall be 
his duty to make immediate arrest of such person or per- 
sons on view, without warrant; and in all such cases, any 
constable of the county of Kendall shall have the same 
power of arrest, without warrant, as the said town consta- 
ble in such cases would possess; and in all such cases of 
arrest without warrant, the constable making such arrest 
shall forthwith take such person or persons before the po- 
lice magistrate of said town, or in case of his absence or 
inability to act, before any justice of the peace having an 
office in said town, and shall inform such police magistrate 
or justice of the peace of the nature of the offense for which 
such person or persons were arrested, and the said police 
magistrate c)r justice of the peace shall thereupon institute 
a suit against such person or persons, and proceed therein 
in all respects the same as if such person or persons had 
been arrested and brought before him under warrant duly 
issued. Tlie said town constable shall faithfully perform 
all other acts and duties required of him by the laws and 
ordinances of said town. 

I 31. Until the board of trustees of said town ot New- 
ark shall provide, by ordinance, for enforcing the collec- 
tion of taxes due said town, the same shall be collected in 
the same manner provided in the ninth section of an act 
entitled "An act to incorporate towns and cities," approved 
February 10, 1849, for the collection of other corporation 
taxes. 

§ 32. All prosecutions, under the laws and' ordinances 
of said town of Newark, for assaults, assault and battery, 



I 



TOWNS. 285 

aftrays, riots, routs, disturbing the peace of the inhabitants 
of said town, disturbing any public meeting, religious or 
otherwise, unlawful assemblages of any kind, and cases in 
which the penalty attached by the law of or ordinance of 
said town is imprisonment in the county jail of said county 
of Kendall, shall be (except in cases of arrest without war- 
rant, as hereinbefore provided,) commenced by complaint ^ 
and warrant in the same manner prescribed by the laws of 
the state of Illinois for the regulation of criminal proceed- 
ings in justices' courts ; and in all such cases the rules of 
practice and proceeding shall be the same as are prescribed 
in such cases, for justices courts, by the laws of this state, 
except when the laws and ordinances of said town prescribe 
new rules or difierent rules of practice or proceeding — in 
which case the rule of practice or proceeding shall conform 
to the rule prescribed by the laws or ordinances of said 
town. 

§ 33. In all other cases, for violating: the laws or ordi- Recovery pfpe- 
nances of said town, the penalties or penalty therefor shall 
be recovered by action of debt, in the name of "The Presi- 
dent and Trustees of the Town of IS'ewark ;" and in all such 
actions of debt the first process shall be by summons, to be 
issued, served and returned as other summons and actions 
of debt issued by justices of the peace of said county of 
Kendall, unless some competent person shall, before the 
commencement of any such action of debt, file with the jus- 
tice of the peace before whom such writ is about to be com- 
menced an aftidavit, accusing the person or persons about 
to be sued with some one or more violations, of the same 
nature, of the laws or ordinances of said town, specifying 
such ofiense or ofl:enses, and statins: that he or she verilv be- 
lieves that unless the person or persons, so accused, shall 
be forthwith arrested and brought to trial, there is danger 
that the penalty or penalties in such case shall be lost, and 
specifying the facts on which this belief is founded ; in which 
case, if the said police magistrate or justice of the peace 
shall be of the opinion that there is reason to believe that 
the opinion set forth in such afiidavit is correct, he may 
issue a warrant against the person or persons so accused, 
causing him, her or them to be forthwith arrested and 
brought before him, and he shall proceed at once to the trial 
of such suit, which shall be by action of debt for the recov- 
ery of the penalty or penalties attached to the ofiense or 
ufienses specified in the afiidavit aforesaid ; and if the said 
defendant or defendants shall be found guilty, jointly ur 
severally, of any one or more of the ofi'enses specified in 
such afiidavit, the police magistrate or justice of the peace 
before whom such suit is tried shall enter judgment thereon 
for the amount of the fines assessed and the cost of suit as in 
other cases. 



286 



TOWNS. 



Actions of debl 
for offenses 
committed. 



Security 
costs. 



Judgments. 



ProTieo. 



for 



§ 3i. In all actions of debt for offenses committed 
against the laws or ordinances of said town, it shall be law- 
ful for the plaintiff in the same suit to allege and prove and 
recover for any number of offenses of the same nature : 
Provided^ that the amount recovered shall, in no case, ex- 
ceed the sum of one hundred dollars. All tines or penal- 
ties received or collected for any violation of the laws or 
ordinances of said town shall, by the person or persons re- 
ceiving or collecting the same, be paid into the treasury of 
said town. 

§ 35. The president and trustees of said town shall not, 
in any suit in which they are concerned, for the violation of 
any law or ordinance of said town, either before the com- 
mencement or during the pendency thereof, be compelled 
to give any security therein for costs. The president or 
trustees, or any other officer of said town, shall be a com- 
petent witness for either party in any suit for a violation of 
the laws or ordinances of said town. 

§ 36. Upon the rendition of any judgment, for a breach 
of an}^ Jaw or ordinance of said town, the police magistrate 
or other justice of the peace, rendering such judgment, shall 
forthwith issue an execution for the amount of such judg- 
ment and cost of suit, which may be levied upon and col- 
lected out of any property of the defendant or defendants, 
not exempt from execution by the laws of the state of Illi- 
nois. But if the constable having such execution shall re- 
turn thereon that he can not find sufficient property of the 
defendant or defendants, not exempt from execution, to 
satisfy such execution, then the said justice shall issue a 
capias against the body or bodies of the defendant or de- 
fendants, and the constal)le shall arrest such person or per- 
sons, and convey him, her or them to the jail of the county 
of Kendall, there to remain forty-eight hours, and if the said 
fines and costs exceed the sum of five dollars, then to re- 
main in said jail twenty-four hours for every two dollars 
over and above (he said five dollars : Provided^ however^ 
that if the president and trustees of said town, or their at- 
torney, shall require a transcript of the judgment and costs 
to be certified to the clerk of said county of Kendall, to have 
the same levied upon real property, and shall signify the 
same to such justice, he shall not issue a capias^ as afore- 
said, but shall, without delay, certify a transcript thereof, 
according to law, to said clerk, which shall be filed and re- 
corded as in other cases, and such judgment shall have, 
from the date of filinii:: of such transcript, the same force and 

•'" •••1 

eft'ect as judgments rendered in said circuit court in civu 
cases : Provided^ that if the defendant or defendants shall, 
in any case arising under the provisions of this act, or under 
any law or ordinance of said town, as hereinbefore provi- 
ded, signify his, her or their intention of appealing, and 
shall file the necessary appeal bond within the time re- 



TOWNS. 2S7 

quired, the justice shall, if he approve such appeal bond, 
order the return of any property that may have been taken 
under execution to satisfy such payment. 

§ 37. Whenever it shall become necessary to take pri- Taking pnvata 
vate property for openino^ or altering any public street or putJu *ifse. ^''' 
alley, the corporation shall make a just compensation to the 
owner or owners of such property, and pay or tender the 
same, before opening or altering such street or alley, or be- 
fore taking any private property for public use ; and in case 
the amount of such compensation can not be agreed upon, 
the police magistrate shall cause the same to be ascertained 
by ajury of six disinterested freeholders of said town. -AH 
jurors empanneled to ascertain the amount of damages which 
shall be allowed to the owner or owners of any property 
that is about to be taken for any public purpose, shall lirst 
be sworn to that effect. They shall then proceed to exam- 
ine the property in question, and after carefully considering 
both the advantages and disadvantages that will probably 
accrue to the ow^ner or owners thereof, by such taking and the 
proposed use of such property, the}" shall, within ten days, 
make out and return their verdict, in writing, signed by 
each of said jurors, to the police magistrate of said town, 
assessing to such owner or owners such damages as they 
think just. Said police magistrate shall file and docket such 
verdict, and shall forthwith cause the president and trustees, 
or their clerk or attorney, and the owners of property in- 
cluded in such verdict, to be notified of the contents of the 
same. The said police magistrate may, at any time within 
ten days of the filing of such verdict, for good cause shown, 
set aside such verdict and grant a new inquest of damages. 
If either party shall be dissatisfied with the verdict of the 
second inquest, they shall be allowed an appeal to the cir- 
cuit court of the county of Kendall. When any such ver- 
dict, not exceeding the sum of one hundred dollars, shall 
be filed with the police macristrate and entered on his 
docket, unless set aside or appealed from, it shall be a judg- 
ment against the president and trustees of said town of 
Newark, in favor of such owner, including therein the 
amount of damages thereby assessed to him ; and in case 
the sum assessed to any owner exceed one hundred dollars, 
the said police magistrate shall, on application of the person 
entitled thereto, certify to the clerk of the circuit court of 
Kendall county a full and complete transcript ot the proceed- 
ings and verdict in such case, which shall be filed and re- 
corded by the clerk of said court in the same manner as 
other transcripts from justices' dockets; and shall, from the 
time of such filing, have all the force and eftect, in favor of 
the person or persons entitled to such damages, as a judg- 
ment obtained in said circuit court. 

§ 38. All ordinances and resolutions heretofore passed ordinances in 
by the president and trustees of said town of Newark, ^"^^ ^'^^^^' 



288 TOWN^^ 

wliich are not inconsistent with this act, shall be and remain 
in full force and effect nntil the same shall be repealed by 
the board of trustees hereby created, and all actions, fines, 
penalties and forfeitures which have accrued to the presi- 
dent and trustees of said town, or which may hereafter 
i accrue to them, prior to the taking effect of this act, shall 
be vested in, and be prosecuted and recovered by, the corpo- 
ration hereby created. 
Vested corpora- § 39. All property belonging to the president and trus- 
tion property. ^^^^ ^^. ^j^^ ^^^^^ ^^ Ncwark, for tlie use of [the] inhabitants 

of said town, shall, upon the taking effect of this act, be 
vested in the corporation hereby created, and this act shall 
not invalidate any act done by said president and trustees, 
nor divest them of any rights which may have accrued to 
them prior to the passage of this act. 

New.triais. § 40. In all cascs arising uudcr the laws and Ordinances* 

of said town, either before the police magistrate of said 
town, or any justice of the peace of the county of Kendall, 
the court shall, for good cause shown, have power to set 
aside the verdict of the jury, and grant a new trial of the 
case . Provided, that the application for setting aside such 
verdict is returned into court. 

Duties of clerk. § ^1- The president send trustees shall require their 
clerk, and it shall be his duty, to make and keep a full and 
faithful record of all their proceedings, by-laws and ordi- 
nances, and of the time, place and manner of the publication 
of such ordinances and by-laws, in a book to be provided 
for that purpose ; and such book, purporting to be the record 
book of the corporation of the said town of Newark, shall 
be received in all courts, without further proof, as evidence 

Publication of of the matters therein (Contained ; and all ordinances, acts, 
resolutions, by-laws and other things pertaining to and con- 
cerning the present corporation of the town of Newark, 
shall be sufficiently proven in any court of law and equity 
in the state of Illinois, by the production in such court of 
the book or books in which the same is or are recorded, if 
such book or books purport to be the record book or books 
of sail corporation ; and all ordinances and by-laws here- 
after passed by the board of trustees of said town, before 
taking effect, shall be published at least ten days in some 
newspaper published in said town, or by posting up copies 
of the same in at least three public places in said town, and 
sliall be signed by the president and clerk of the board, and 
authenticated by the common seal of the corporation, and 
shall be written out in full on the record book or books of the 
said corporation, and be signed thereon by the president and 
clerk of the board of trustees with their own proper signa- 
tures; and said clerk, at the time of making such record, shall 
attach thereto the common seal of the corporation, and shall 

. also note the date of the adoption and of the publication 

and the time of the taking effect thereof. 



TOWNS. ^81) 

<J 42. In all cases of assault, assaults and batteries, affrays, Criminal lawt 

.« ,. -. ,' -. ' ,•{.' of state in force 

riots, routs, disturbing the peace, disturbing any public 
meeting, and unlawful assemblages of any kind, committed 
within said town of Newark, after the passage of said act, 
and before the board of trustees of said town shall have 
provided by ordinance for the punishment of any such 
offense, the criminal laws of the state of Illinois, applicable 
to such offense, shall be deemed and held to be in full force 
and effect, as to any such offense or offenses. 

§ 43. This act is hereby declared to be a public act, and 
may be read in evidence in any and all courts of law and 
equity in the state of Illinois, without proof. This act shall 
take effect and be in force from and after its passage. 

Approved March 7, 1867. 



A.N ACT to incorporate the town of Murrayville, Morgan county, Illinois, in force Feb'y 

•25, 1867. 

Section 1 . Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Geo. 
W. Fanning, Willis McLang, Eobert D. Neal, John Sims 
and James Duckworth, of the town of Murrayville, in Mor- 
gan county, are hereby recognized and constituted a body 
politic and corporate, by the name and style of ''The Pres- Name and style. 
ident and Trustees of the Town of Murrayville,'' and by 
that name shall have perpetual succession, and may have 
and use a common seal, which they may change and alter 
at pleasure. 

§ 2. The aforesaid corporators and their successors, by Powers, etc. 
the name and style aforesaid, shall have power to sue and 
be sued, to implead and be impleaded, defend and be de- 
fended, in all courts of law and equity, and in all actions 
whatsoever; to purchase, hold and receive property, both 
real and personal, beyond the said town, for burial grounds 
or for other public purposes, for the use of the inhabitants 
of said town ; to lease, convey or dispose of property, real 
and personal, for the benefit of said town, and to improve 
and protect such property, and to do all other things in 
relation thereto, as natural persons. 

§ 3. The boundaries of said town shall be one mile Boundaries. 
square. The center of the original town plat in said town 
shall be the center of said mile square, and all the lands 
within said limits shall be considered as the town of Mur- 
rayville. 

§ 4. The aforesaid corporators shall continue in office Election of om 
until the first Monday in October next, and until their suc- 
Yol. Ill— 37 



290 



TOWNS. 



Trustees. 



i)ath of oflSce. 



Quorum. 



President. 



Vacancies filled 



Ti 



cessors are elected and qualilied, and on the first Monday 
in October next, and annually thereafter on the same day, 
an election shall be held for five trustees, who shall hold 
their offices for one year, and until their successors are 
elected and qualified. The board of trustees whose term 
of office is about to expire, shall always give notice of such 
election by having written or printed notices thereof posted 
up in three public places in said town, at least one week 
previous to said election ; and one of the members of said 
board, together with the clerk of the corporation shall 
hold the said election, and give certificates of election to 
the five persons receiving the greatest number of votes 
and whenever there shall be a tie in such election they shall 
certify the same to the said board, who shall determine the 
same by lot, in such manner as shall be provided by ordi- 
nance. 

§ 5. Every trustee of said town shall, at the time of his 
election, be at least twenty-one years of age, a citizen of 
the United States, and shall have resided at least six 
months within the limits of the corporation. Every bona 
fide resident of said town, possessing the required qualifica- 
tion to vote for state officers, shall be entitled to vote for 
trustees. 

§ 6. The trustees, before entering upon the duties of 
their office, shall severally take and subscribe an oath that 
they will support the constitution of the United States and 
of this state, and that they will well and truly perform the 
duties of their office to the best of their skill and abilities. 

§ 7. A majority of said trustees shall constitute a quo- 
rum to do business. The said trustees shall elect one of 
their own body to be president of the board, who shall hold his 
office for one year, until his successor shall be elected and 
qualified. The president of the board shall be chief execu- 
tive officer of the corporation, and shall be vested with such 
powers and authority as may be conferred upon him by 
ordinance. 

§ 8. If any trustee shall, during the time for which he 
has been elected, remove from said town, his office shall 
be vacated. The board of trustees shall have power to fill 
vacancies in their own body, occasioned by death, resigna- 
tion or removal from town of any member. 

§ 9. The board of trustees shall have power and author- 
ity to assess and collect taxes uniform in respect to persons 
and property, for corporate purposes, upon all the real and 
personal estate within said town, not exceeding one-half 
per cent, per annum upon the assessed value thereof, as 
ascertained and returned by the assessor of this corporation, 
and may enforce the payment of the same in any manner to be 
prescribed by ordinances, not repugnant to the constitution 
of the United States or of this state; and such ordinances 
may provide for the advertisement, sale and conveyance of 



TOWNS. 29 1 

any such real estate for taxes unpaid thereon to said corpora- 
tion, and the time and mode in which the same may be re- 
deemed from such sale in the manner prescribed by the con- 
stitution and laws of this state. 

§ 10. The said board shall also have power to require street labor. 
every male resident of said town, over the age of twenty- 
one years and under the age of fifty years, to labor, under 
the direction of the supervisor, on the streets, lanes, avenues, 
and alleys, and upon the public roads passing from and 
through said town, for one mile from the center thereof, 
not exceeding four days in each year ; and any person fail- 
ing to perform such labor, when duly notified by the super- 
visor, shall forfeit and pay the sum of one dollar for each 
day on which he has neglected or refused to work. 

^11. The said board shall likewise have power to tax Licenses. 
and regulate auctioneers, grocers, ordinaries, and all places 
where spirituous or fermented liquors are sold by less quan- 
tities than one gallon, and the vendors of the same, hawk- 
ers, peddlers, brokers, pawn-brokers and money changers ; 
also, to license, tax and regulate theatrical and other public 
exhibitions, shows and amusements. 

§ 12. They shall have power to erect a town hall and Buiidiogg. 
other buildings for the use of said town ; to provide pumps, 
wells and cisterns in the streets and upon the public grounds, 
for the convenience of the inhabitants, or for use in case of 
lire ; to open, establish, grade, pave, or otherwise im.prove 
and keep in repair and free from incumbrances or obstruc- 
tions, the streets, avenues, lanes and alleys of said town ; 
to make, erect and keep in repair bridges, drains and sew- 
ers ; to erect market houses and establish markets, and 
provide for the government and regulation of the same ; 
and to provide for the weighing of hay and stone coal, and 
the measuring of charcoal, fire wood and other fuel to be 
sold or used in the said town. 

§ 13. They shall have power to provide for the preveu- Fires, etc. 
tion and extinguishment of fires, and to organize and estab- 
lish fire companies; to regulate the fixing of chimneys and 
flues thereof, and the manner of using stoves and stove 
pipes in dwelling houses, stores, offices, warehouses, and 
other buildings in said town ; to regulate and order parapet Fences, etc. 
walls and partition fences, and to regulate the storage of 
gunpowder and other combustible materials. 

§ 14r. They shall have power to provide for inclosing, Cemeteries, 
improving and regulating all public grounds within said 
town, and the burial and other public grounds of the corpo- 
ration beyond the said town, and for the punishment of 
injuries or damages done to trees, fences, buildings, monu- 
nients, or other improvements thereon. 

§ 15. They shall further have power to make regula- DiBcases. 
tions to prevent the introduction of contagious diseases in 
said town ; to make quarantine laws for that purpose, and 



393 TOWNS. 

onforce the same within five miles of the said town ; also 
to establish a hospital or hospitals in said town, or within 
live miles of the same, for the treatment of any epidemic 
or contagious disease, and make regulations for the govern- 
ment (»f the same; also, to make regulations to secure the 
general health of the inhabitants ; to declare what shall be a 
nuisance within the limits of the corporation, and to prevent 
and remove the same. 

Ridinf and dii- << 16. Thcj sliall have powcr to regulate the speed of 

^*°*' horses or other animals that may be rode or driven within 

the limits of the corporation, and to restrain and punish 
cruelty in the usage or treatment of animals w^ithin those 
limits; also, to restrain cattle, horses, sheep, swine and dogs 
from running at large in said town, and to provide for the 

Vehicles. sccuritv of wao'ons and other carriaojes which may be used 

within the limits of the corporation, and for the protection 
of the inhabitants against injury by reason of horses or 
other animals fastened to such carrias^es running with or 
breaking from the same. 

Offenders. § IT. Thcv shall likewise have power to prevent and 

punish riots, routs, affrays, assaults, assaults and batteries, 
breaches of the peace, disturbance of worshiping assem- 
blies, or of the deliberation or proceedings of public meet- 
ings, disorderly interrnptions of any public lecture or 
licensed exhil)itions, all indecent or obscene exhibitions or 
practices, and other disorderly conduct wnthin the limits of 

Righu oi trial the corporatiou : Provided, that no ]ierson shall be depriv- 
^ ^^^•' ed of the right ot trial by jury in any case when such per- 

son wonld be entitled to such trial for like offenses against 
the laws of the state. 

Fighting, horse- § 18. They shall also have power to prevent and pun- 

ra^.ing. etc. ish battles by agreement, fighting matches, horse racing, 
and cock fighting within the limits of the corporation, and 
within two miles of the same. 

Billiards— (Jisor- § 19. They sliall also have power to restrain, prohibit 

ery louses. ^^^^^ suppress billiard tables, ball alleys, tippling houses, 

dram shops, gaming houses, bawdy honses and disorderly 

I houses in said town, and within two miles of the limits of 

tlie corporation. 

Police, orrjinaii- >^ 20. They fcliall also havc powcr to rcgulatc the policc 

c«i, etc. ^j^ ^jjg town; to make all ordinances which ma}' be neces- 

sary and proper for carrying into execution the powers 
specified in this act, so that such ordinances be not repug- 
nant to nor inconsistent with the constitution of the United 
States or of this state ; to impose fines and forfeitures and 
penalties for the breach of any ordinance, and provide for 
the recovery and appropriation of such fines and forfeitures, 
and the enforcement of such penalties. The style of the 
ordinances of said board shall be, ^'J^e it Ordained by the 
President and Trustees of the Town of MurrayvilleP 

offlcwa. § 21- Thei'e shail be annually chosen by the board of 

trustees a town clerk, a treasurer, an assessor, a supervisor. 



TOWNS, 293 

and a town constable, who shal] hold their offices res- 
pectively one year, and until their successors are ap- 
pointed and qualified. The said board shall have power 
to define the powers and duties of all town officers, and 
fix their fees and compensations, and to regulate the 
fees of jurors, witnesses, and others, for services ren- 
dered under any ordinance ; also to require of all town 
officers bonds, with penalty and security for th(3 faith- 
ful performance of their respective duties as may be deem- 
ed expedient; and also to require all town officers to oath of office, 
lake an oath for the faithful performance of the duties of 
their respective offices. Said oath to be made, and said 
bonds, if required, to be given and approved by the board 
before the officer shall enter upon the discharge of his 
duties. The said trustees may also provide for removing 
any town officer from his office for cause, the accused being 
first furnished with the charges against him, and being 
heard, if he require it, in his defense. 

§ 22. The town constable shall be authorized to execute, constable. 
anywhere within the limits of Morgan county, all writs, 
process and precepts which may be issued against persons 
or property, bj any court of general or limited jurisdiction, 
by virtue of any of the powers specified in this act, and to 
arrest, on view, all persons who may violate any ordinance 
of the said corporation. 

§ 23. Fines, forfeitures and penalties which may be Fines— forfeit- 
assessed or recovered for the use of said corporation, may "^^3'®**^- 
be levied, in the first instance, by execution to be issued 
forthwith, of the goods and chatties of the ofiender, within 
the county ; and the said board shall have power also to 
provide for the punishment of off'enders, by imprisonment 
in the county jail, in all cases where such ofienders shall 
!ail or refuse to pay the fines, forfeitures and penalties 
which may be recovered against them : Provided^ that in 
all cases when persons are ordered to be imprisoned or 
committed to jail on conviction of offenses against the by- 
laws or ordinances of said town, the person so ordered 
to be imprisoned or committed may be compelled to labor 
on the streets or other improvements of said town, at the 
rate of one dollar per day, until satisfaction is made of the 
peiuUty imposed, or judgment recovered; during which 
time the parties so punished shall be furnished with healthy 
and suitable board and lodging, at the expense of the cor- 
poration, but which shall be charged against the party 
punished as costs. 

§ 24:. The said board shall cause to be published, annu- indebtedness, 
ally, a full and complete statement of all moneys received 
and expended by the corporation during the preceding year, 
and on what account received and expended. 

§ 25. h^\ ordinances passed by the said board shall be publication of 
published in three public places in said town, by written or ordinances. 



294 



Extension 
town line? 



(ji 



Justices of the 
peace. 



repealed. 



TOWNS. 

printed copies, and shall not be in force until they shall] 
have been published as aforesaid ; and any of said ordiiir 
ances shall be sufficiently proved in any court by the pro- 
duction of a copy of the same, certified by the clerk of thej 
corporation, or a printed copy of the same, taken from 
newspaper or pamphlet in which it has been published : 
Provided^ the same purports to have been published by 
authority of th(^ corporation. 

g 26. That the president and trustees of the town of 
Murrayville be and they are hereby vested with power to 
extend and open to the line, commencing at the center in 
said town, two miles square, any street, or lane, or road, 
passing through the original town, or any addition thereto, 
whenever the public interest or convenience may require 
the same ; and whenever the right of way for any Buch ex- 
tension can not be obtained by contract, the board of trus- 
tees may proceed to obtain the same under the provisions 
of chapter XCII, code of 1845, entitled "Eight of Way." 

§ 27. In cases arising under this act, or growing out of 
the by-laws and ordinances made in pursuance of this act, any 
justice of the peace within said corporation shall have juris- 
diction to hear and determine the same; and appeals may 
be taken and writs of certiorari allowed from any such de- 
cision in the same manner as now is, or hereafter may be 
provided by law for appealing from judgment of justices of 
the peace. 

§ 28. All acts or parts of acts coming within the pro- 
visions of this act, contrary to or inconsistent with it pro- 
visions, are hereby repealed. 

§ 29. This act is hereby declared to be a public act, to 
be received and used in all courts without proving or 
pleading the same, and shall take effect from and after its 
passage. 

Approved February 22, 1867. 



In force Feb'y AN ACT to incorporate the town of Geneva, Kane ccuntv, Illinois. 
25, 1867. 

ARTICLE I. 

Section 1. Be it enacted by tlte Peojyte of the iState of 
Illinois^ represented in the General Assembly^ That the 
inhabitants of what is now known as the town of Geneva, 
in the county of Kane, and state of Illinois, be and they 
are hereby constituted a body politic and corporate, by the 
Name and style name and style of ''The Town of Geneva," and by that 
name shall have perpetual succession, and may have and 
use a common seal, which they may alter at pleasure. 



TOWNS. 295 

§ 2. The inhabitants of said town, by the name and Powers, 
style aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, to defend and ba defended, in all 
courts of law and equity, and in all actions whatsoever; to 
purchase, receive and hold property, real and personal, 
within or beyond the limits of said town, for burial grounds, 
and other public purposes ; to sell, lease or convey pro- 
perty, real and personal, for the use of said town, and to 
protect and improve any such property, as the public good 
may require. 

§ 3. The boundaries of said town shall be all of section Boundaries, 
three (3), north half of section ten (10), northwest quarter 
of section eleven (11), and the west half of section two (2). 

ARTICLE II. 

§ 1. The government of said town shall be vested in a Government. 
town council, which shall consist of a president and four 
trustees, to be chosen annually by the qualified voters of 
said town, who shall hold their offices for one year, and 
until their successors are elected and qualified. 

§ 2. 'No person shall be a member of the town council EiiKibiiuy of 
unless he is an actual resident of the town at the time of his 
election, and a legal voter, and a freeholder therein. ' 

§ 3. If any member of the town council shall, during Vacation of of- 
the term of his office, remove from the town or dispose of ^^^' 
his freehold therein, his office shall thereby become vacant. 

§ 4. The town council shall appoint, annually, three Judges of eiec- 
legal voters of the town, whose duty it shall be to act as 
judges of elections therein ; and shall appoint their own 
president, and shall judge of the qualifications and returns 
of its own members, and shall determine ail contested elec- 
tions in such manner as is now provided by law in this 
state, in cases of contested elections. 

§ 5. A majority of the town council shall constitute a Quorum. 
quorum to do business, but a smaller number may adjourn 
from day to day, and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance ; and shall have power to determine the rules 
of their own proceedings, punish a member for disorderly 
conduct, and, with a concurrence of three-fourths of their 
members, expel a member. 

§ 6. The town council shall keep a journal of its pro- Journal, 
ceedings. oath of office. 

§ 7. Each and every member of the town council, be- 
fore entering upon the duties of his office, shall take and 
subscribe an oath before a justice of the peace or any per- 
son authorized to administer oaths in said county, that he 
will support the constitution of the United States and of 
this state, and that he will faithfully perform the duties of 
his office according to the best of his ability; and there shall 
be at least one regular meeting of said council in each 



296 l-owNs. 

month, at such times and places as may be designated by 
ordinance. 
Tie vote. § S. Whenever a tie shall occur in the election of 

member or members of the town council, the judges o: 
election shall certify the same to the justice of the peace 
said town, hereinafter provided for, who shall determini 
the same in such manner as is now provided for by the gen 
eral laws of this state in such cases. 

ARTICLE III. 

ELECTIONS. 

Election*. § 1. On the first Monday of May next an election shal 

be held in said town of Geneva, for the election of the fiv< 
members of the town council, and Andrew McWayne, Ed- 
ward Bunker and Julius Alexander shall be the judges oi 
the first election for said council; and forever thereafter, oi 
the first Monday of May of each year, an election shall be 
held for said officers, 
juitice of the § 2. On the first Monday of May an election shall be 
8ubie.^°'^ ^°"" held in said town of Geneva, for an election of a justice of 
the peace and constable for said town, who shall hold their 
office for four years, and until their successors are elected 
and qualified. 

§ 3. For the election of a justice of the peace and con- 
stable, the said town of Geneva, as herein defined, or as 
may hereafter be extended or limited by ordinance, shall 
constitute an election precinct, and the first election of said 
officers shall be held on the first Monday- of May, and con- 
ducted and returns thereof made, as is now provided for the 
election of justices and constables by statute, whose juris- 
diction shall be the same as other justices and constables in, 
this state. 

Qualifications of § 4. All pcrsous wlio are entitled to vote for state offi- 

^'^*®"- cers by the laws of this state, and who shall have been 

actual residents of the said town thirty days next preceding 

any election held under the provisions of this act, shall be 

entitled to vote at any such election. 

ARTICLE IV. ' ' 

OF THE TOWN COUNCIL. 

Lerying taxe». § 1- Thc towu couucil shall havc the powcr and author- 
ity to levy and assess, and collect a tax or taxes upon all 
property, real, personal and mixed, within the limits of 
said town, which is now, or may hereafter be, subject to 
taxation for state or county purposes, not exceeding one 
per cent, per annum, upon the assessed value thereof, and 
may levy and enforce the collection of the same by any or- 
dinance not repugnant to the constitution of the United 
States of America or of this state. 



•towns. '297 

§ 2. The town council shall have the power to appoint Appointment of 
a clerk, treasurer, assessor and street commissioner, and all 
such other officers as may be by them judged necessary 
tor carrying into effect the power conferred upon said cor- 
poration by this act, and to require them to give such bonds 
with such security, and take such oaths as may be deemed 
necessary to insure the faithful performance of their res- 
pective duties, before entering upon the discharge of the 
same, and who shall possess the same qualifications as are 
required of a member of the town council. 

§ 3. x\lso, to appropriate money, and provide for the Appmpriat'ons. 
payment of the debts and expenses of the town. 

§ 4. To make regulations to secure the general health sanitary, 
of the inhabitants of the town ; to declare what shall be 
considered a nuisance, and to prevent and remove or abolish 
the same. 

§ 5. To open, abolish, widen, alter, extend, establish, street repairs 
grade, pave or otherwise improve and keep in repair streets, 
alleys and lanes in said town, and erect, maintain and keep 
in repair bridges, drains and sewers, except any bridge 
across Fox river, within the corporate limits, the building 
and repairing of which shall be borne by the township of 
Geneva, in said county of Kane. 

§ 6. To provide the town with water, to sink and keep ^^'a^^^- 
in repair wells and pumps in the streets, alleys or lanes, 
for the convenience and good of the inhabitants, and to Lami)s. 
erect lamps in the streets, and light the same. 

§ 7. To provide for the erection of all needful public 
buildings for the use of the town, to establisli markets and 
market places, and for the government and regulation 
thereof, and to provide for the inclosing, laying off and 
improving all public grounds, squares and burial grounds 
belonging to the town. 

§ 8. To provide for the protection and improvement of ^i'^s. hc. 
all public buildings owned by said town, and for the pre- 
vention and extinguishment of fires, and to organize and 
establish fire companies. 

§ 9. To regulate partition fences, and to provide for Forage and fnei. 
the inspection and weighing of hay and stone coal, and the 
measurement of wood and fuel, to be used in said town, 
and to appoint a sealer of weights and measures. 

§ 10. To provide for the taking the enumeration of in- Census, 
habitants of said town, to regulate the fixing of chimneys chimneys, etc. 
and the fines thereof, and to regulate the storage of tar, comi.uMii.i-s. 
pitch, rosin, gun-powder, or other combustible materials. 

§ 11. To license, tax and regulate auctioneers, mer- Auctioneers, etc 
chants, retailers, grocers, taverns, eating houses, peddlers, 
brokers and money changers, and billiard tables. 

§ 12 To prohibit the sale of distilled, malt and fer- uqnnvK 
mented liquors; to restrain, prohibit and suppress tipplincr 
Vol.III-38 



298 



TOWNS. 



Gambling. 



Exhibitions. 



Election of offi- 
cers. 



Compensation. 



Encumbrances. 



Animals at large 



Fire-works. 



Punishment 
offenders. 



of 



Police . 



Necessary ordi 
nancee. 



houses, dram shops, gaming houses, billiard tables, bawdy ' 
houses and other disorderly houses, within said town, or 
within one mile of the limits thereof. 

§ 18. To license and regulate theatrical and other exhi- 
bitions, shows and amusements; to provide for the trial 
and punishment of persons who engage in assaults arid 
batteries and affrays within the corporate limits of said 
town. 

§ 14. To regulate the election of town officers, define 
their duties, and provide for the removal of any person 
holding an office created by any ordinance. 

§ 15. To fix the fees and compensation of town officers, 
jurors, witnesses and others, for services rendered under 
the provisions of this act. 

§ 16. Topreventtheencumberingof the streets, squares, 
lanes and alleys of said town ; to regulate the setting and 
protect shade trees ; to compel persons to fasten horses, 
mules and other animals, attached to vehicles, while stand- 
ing upon any street, alley or lane or uninclosed lot in said 
town ; to prevent the running at large of horses, cattle, 
sheep, hogs and other animals, and to provide for the im- 
pounding and distraining the same, and to provide for the 
sale of the same for any penalty incurred, and to impose 
penalty or penalties upon the owner of any such animals, 
tor the violation of any ordinance in relation thereto. 

§ 17. To prevent the running at large of dogs, and to 
provide for the destruction of the same when at large con- 
trary to the provisions of ordinance in such cases made. 

§ 18. To prevent the firing of squibs, rockets, guns, 
etc., or other fire-works or combustibles, within the limits 
ot said town. 

§ 19. To provide for the punishment of persons who 
may at any time distract the peace of the inhabitants of 
said town, or the deliberations or proceedings of any public 
meeting of said inhabitants, or of the town council while 
in session. 

§ 20. To regulate the police of the town, to impose fines, 
penalties and forfeitures for the breach of any ordinance , 
and to provide for the recovery and appropriation of such 
fines and foifeitures, and the enforcement of such penalties: 
Provided^ in all cases the right of trial by jury shall be 
allowed to any person or persons charged with a breach of 
any of the provisions of this act, or any ordinance made 
in pursuance thereof. 

§ 21. The towm council shall have the power to make 
and enforce all ordinances which may be necessary and 
proper for carrying into effect all the powers specified in 
this act, or as the good of the inhabitants of said town may 



require, so that the ordinances are 'not 



incousistent with 
of this state. 



the constitution of the 



repugnant to or 
United States or 



TOWNS. 299 

§ 22. The style of the ordinances of the town shall be. Publication of. 
^'Be it ordained by the Town Council of the Town of Ge- i 

neva; " and all ordinances shall, after they are passed, be 
published in some newspaper published in said town, or 
made known by posting copies of the same in four public 
places in said town ; and the certificate of the publisher of 
said newspaper, or of the clerk of the town, under the seal 
of the corporation, shall be prima facie evidence of such 
ordinance, and of its publication ; and no ordinance shall 
take effect until published or made known as aforesaid. 

§ 23. All ordinances may bo proven by the seal of the Proof of, 
town ; and when printed and published in book or pam- 
phlet form, and purporting to be printed or published by 
authority of the town of Geneva, the same shall be received 
as evidence in all courts and places, without further proof. 

A R T I C L E V . 

OF THE PRESIDENT. 

g 1. The president shall preside at all meetings of the-P^e3i<Jen*- 
council, when present ; and in case of his absence at any 
meeting, the council shall appoint one of their number 
chairman, who shall preside at that meeting. 

§ 2. The president, or any two members of the council, 
may call special meetings of the same. 

§ 3. The president shall be active and vigilant in en- 
forcing the laws and ordinances for the government of the 
town. He shall inspect the conduct of all subordinate offi- 
cers, and cause negligence or willful neglect of duty to be 
punished. He shall have power and authoritj'- to call on all 
male inhabitants of said town, over the age of eighteen 
years, to aid in enforcing the laws and ordinances; and any 
person who shall fail or refuse to obe}^ such call shall forfeit 
and pay to said town the sum of ten dollars. 

§ 4. He shall have power, whenever he may deem it 
necessary, to require of any officer of said town an exhibit 
of his books and papers, and shall have power to do all 
other acts required of him by any ordinance made in pur- 
suance of the terms of this act. 



ARTICLE VI. 

MAGISTRATE AND CONSTABLE. 

§ 1. The justice of the peace hereinbefore provided for Justices of the 
shall be commissioned by the governor of this state, and he '^^^^^' 
shall have and exercise the same power, authority and juris- 
diction as is conferred by law upon other justices of the 
peace of this state, and shall have and possess the same 
qualifications as is required for a member of the town coun- 



300 



TOWNS. 



•Uiristlicliou. 



Fee 



Constalile. 



Tie vote. 



Arrests. 



cil by section two of article two hereof, and who shall give 
bond and qualify in all respects as the justices of the peace 
are required by law to do. 

i^ li. He shall be a conservator of the peace for said 
town, and he shall have exclusive jurisdiction in all cases 
arising out of or under the ordinances of the corporation, 
and shall receive the same fees and compensation allowed 
for similar services under the laws of this state to other 
justices of the peace, and for any willful, corrupt malcon- 
Negiect of duty duct, Oppression or partiality, or palpable omission of duty 
in his said office, may be indicted in the circuit court of 
Kane county, and upon conviction shall be lined in a sum 
not exceeding two hundred dollars, and the court shall 
have power, upon the recommendation of the jury, to make 
his removal from office a part of his judgment. 

^ 3. The town constable appointed under the provisions 
of this act shall have power and authority to execute all 
process issued for the breach of any ordinance of said town, 
and for that purpose his power shall extend over the county 
of Kane, and he shall have the same power, jurisdiction 
and authority within the limits of said county, as other con- 
.stables in all cases possess under the laws of this state, and 
shall give bond and qualify as the said board shall, by ordi- 
nance, prescribe. 

§ 4. If two or more persons shall receive an equal num- 
ber of votes for the office (»f the justice, the town council 
shall determine the same by lot, in such manner as may be 
prescribed by ordinance. 

^ 5. The said constable shall be authorized to arrest all 
persons on view, without warrant, who shall violate any of 
the provisions of this act or any of the ordinances of said 
town made in pursuance thereof, and take him or them be- 
fore the justice of the peace of said town, to be tried and 
punished, if found guilty, according to the provisions of 
such act or ordinance. 

g 6. He shall, e.v-oJicio, be collector of said town, and 
shall give such bonds as the law of this state requires. 

§ 7. In case of the absence, inability or refusal to act of 
said justice or of said constable, any justice of the peace 
having an office in said county, or aiiy constable of said 
county of Kane, shall have power and authority to hear 
and determine all cases which may arise under the ordi- 
nances of said town, or to execute all process and writs 
which may be issued, in the same manner and with like 
effect as the justice and constable of said town herein pro- 
vided for. 

§ 8. In all cases arising under the ordinances of said 
town, changes of venue and appeals shall be allowed as in 
other cases before justices of the peace, and the said corpo- 
ration shall be allowed to appeal in any case in which they 
are parties, by causing their secretary or clerk to execute a 



Coll'CKT. 



Refusal to act. 



Cliangcofvenue 



TOWNS. 301 

bond in the nttme of tlie corporation, in the form now or 
which may hereafter be provided by law in other cases, 
without other security, and an order entered upon tlie re- 
cords of said corporation, directing said appeal, sliall be 
sufficient evidence of the authority of said security to sign 
said bond. 

A R T I c L K Xil . 

§ 1. Whenever it shall be necessary to take private Taking priTate 
property for opening or altering any public streets or alleys pj^yjlfc use. ^^^ 
in said town, the corporation shall make tirst just compen- 
sation to the owner or owners of said property, and pay or 
tender the same before opening the same; and in case the 
amount of such compensation can not be agreed upon, the 
same shall be ascertained by six disinterested freeholders 
of said town, who shall be summoned by the justice of the 
peace of said town for that purpose. 

§ 2. The said jurors so empanneled to ascertain the 
damages which will be sustained by the opening or altering 
of any street or alley, by any person or persons so owning 
property, shall first be sworn to that effect by said justice, 
and shall return to him their inquest, in writing, signed by 
each of said jurors, and by him laid before the town coun- 
cil at their first meeting thereafter, and either party may 
appeal therefrom to the circuit court of Kane county, in 
such manner and upon such terms as may be prescribed by 
ordinance. 

§ 3. In the assessment of such damages the jury shall 
take into consideration the benefits as well as the injuries 
of the parties to be taxed for opening or altering a street or 
alley, by such opening or alteration. 

§ 4. That the town council shall have power to levy 
and collect [a] special tax on the owners of the lots on any 
street, or part of a street, according to their respective 
fronts, for the purpose of making, grading or repairing the 
sidewalks on said street or part of a street. 

§ 5. That the lot in front of which any sidewalk is 
made, shall be taxed to pay at least one-half of the expense 
of making such sidewalk, in addition to the regular tax, 
which shall be assessed and collected in the same manner 
as other taxes are. 

ARTICLE VIII. 

MISCELLANEOUS PROVISIONS. 

§ 1. The inhabitants of the town of Geneva are hereby Exemption ivom 
exempted from working on any road beyond the limits of ''''^^ ^*^°''' 
said town, and the payment of any road tax levied by au- 
thority of the bo'ard of supervisors or other county authority; 
and the entire jurisdiction and control of roads, highways 



302 



TOWNS. 



Fox river. 



Punishments. 



and bridges, excepting any bridge crossing Fox river, in said 
towD, shall be held and exercised by the town council by 
this act provided for. 

street labor. § '^' The town council, for the purpose of keeping th( 

streets, alleys, lanes and avenues and highways in said town 
in repair, are authorized and empowered to require every 
able-bodied male inhabitant of said town, over twenty-one 
years of age and under sixty, to labor on said streets, alleys, 
ianes, avenues and highways any number of days, not ex- 
ceeding three in each year, or in lieu thereof may commute 
the same at one dollar per day ; and any person failing to 
perform such labor, when duly notified by the street com- 
missioner or other authorized officer ol said town, shall 
forfeit and pay the sum of two dollars to said town for each, 
and every day so neglected and refused. 

§ 3. Nothing in this act contained shall require the in-; 
habitants of said town, in their corporate capacity, to build 
or repair any bridge crossing Fox river. 

§ 4. The town council shall have power to provide for 
the punishment of ofi'enders against any ordinance of said 
town by imprisonment in the county jail, not exceeding 
thirty days, for any one offense, in all cases where such 
offenders shall reiuse to pay the fine and forfeitures which 
may be recovered against them. 

Suits at law. § 5. All suits for fines or penalties in and for the viola- 

tion of any ordinance shall be in the name of the town of 
Geneva; and the town council shall have power to regulate, 
by ordinance, the form and nature of the first and any sub- 
sequent process, and the mode of executing the same, 
for § 6. The corporation hereby created shall not be re- 
quired, in any suit brought for a violation of any ordinance 
of said town, to file, before the commencement of any suit 
or during the pendency thereof, any surety for costs. 

§ 7. All ordinances and resolutions passed by the presi- 
dent and trustees of the town of Geneva shall remain in 
force until the same shall have been repealed by the town 

Vested rights, couucil hereby created ; and all actions, fines, penalties and 
forfeitures whicii have accrued to the president and trustees 
of said town, or wliich may hereafter accrue to them prior 
to the taking efi'ect of this act, shall be vested in and prose- 
cuted by the corporation herein created, 
prop- § S- ^^ property belonging to the president and trus- 
tees of what was formerly the town of Geneva, for the use 
of the inhabitants of said town, shall, upon this act taking 
effect, be vested in the corporation hereby created, and this 
act shall not invalidate any act done by said president and 
trustees, nor divest them of any rights which have accrued 
to them prior to the passage of this act. 

Vacancy. § 9. Whenever the justice herein provided for shall re- 

move from said town, resign or die, or his office otherwise 



Securities 
costs. 



Vested 
crty. 



TOWNS. 30 



Q 



be vacated, the town council shall immediately provide for 

filling such vacancy by election. \ 

§ 10. All tines and forfeitures collected for j^enalties in- Disposition of 
curred within the limits of said town, shall be paid into the 'j'J^'''P«"^'*'es 
treasury of said town by the officers collecting the same. 

§ 11. The town council shall have the power to borrow indebtedness, 
money, on the credit of the town, not exceeding five thou- 
sand dollars in any one year, and pledge the revenue of the 
town for its payment, and issue bonds therefor, whenever 
the legal voters of said town shall authorize the same, by 
vote, at any annual or special election of said town. 

§ 12. This act is declared to be a public act, and shall 
take effect and be in force from and after its passage. 

Approved Februarv 25, 1867. 



AN ACT to incorporate the town of Meredosia, Moreran countv. In fores Feb'y 

^ » o . 25,1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ Tejpvesented in the General Assembly^ That the in- 
habitants of the town of Meredosia, in the county of Mor- 
gan, are hereby constituted a body politic and corporate, by 
the name of "The President and Trustees of the Town of ^^^^Tf^e- 
Meredosia," and by that name shall have perpetual suc- 
cession, make and use a common seal, and alter it at pleas- 
ure, and in whom the government of the corporation shall 
be vested, and by whom its affairs shall be managed. 

§ 2. The boundaries of said corporation shall be and Bouodanes. 
extend one-half mile east, one-half mile south, and one-half 
mile north of the center of the public square, and west as 
far as the center of the Illinois river — that is as follows : 
Beginning at a point one-half mile south of the center of 
thp public square, thence east one-half mile, thence north 
one mile, thence west to the center of the Illinois river, 
thence down the center of said river to a point directly 
west of the place of beginning, thence east to the place of 
beginning, as published in the printed ordinances of said 
town, A. D. 1865. Said ordinances, together with all other 
ordinances passed by said board, are hereby legalized and 
may be read in evidence in all courts of law or equity in this , 

state without proof: Provided^ such ordinances, or any of 
them, are not inconsistent with the provisions of this act, 
or the laws of the United States or of this state. 

§ 3. The inhabitants of said town, by the name and Powers. 
style aforesaid, shall have power to sue and be sued, plead 
and be impleaded, defend and be defended, in all courts of 
law or equity, and in all actions whatever ; to purchase, 
receive and hold property, real and personal, beyond the 



304 TOWNS 

corporate limits, for burial grounds and other public purpo* 
ses, lor the use of the inhabitants of said town, to sell, lease 
or dispose of property, real and personal, for the benefit of 
said town, and improve and protect said property, and to 
do all other things in relation thereto, as natural persons. 

Board of trus- § 4. The corporate powers and duties of said town shall 
*^.^^' be invested in five trustees, who shall form a board for th( 

transaction of business, and the persons who may be in 
office as trustees in said town, under the general incorpora- 
tion law of this state, shall be deemed to hold their offices 
by virtue of this act until the first Saturda}^ in December, 
anno domini one thousand eight hundred and sixty-seven, 
and until their successors are elected and qualified. 

Election of offi- § 5. On the first Saturday in December next an election 
shall be held in said town of Meredosia, for the election of 
five trustees, one justice of the peace, and one constable of 
said town ; and thereafter on the first Saturday in Decem- 
ber in each year, an election shall be held for said officers. 
They shall be citizens of the United States, twenty-one 
years of age, and the trustees and justice of the peace shall 
possess a freehold estate within the limits of said town. 

Qualifications of § 6. All pcrsous who are entitled to vote for state 

voters. officers by the laws of this state, and who shall have been 

actual residents of said town thirty days next preceding 

any election held under the provisions of this act, shall be 

entitled to vote at any such elections. 

President, § ^' The Said trustecs, at their first meeting, shall ap- 

point one of their body president, and shall judge of the 
qualifications and returns of its own members, and shall 
determine all contested elections in such manner as may be 
provided by ordinance. 

Duties and pow § §• ^ majority of the board shall constitute a quorum 

ers of trustees, to do busincss, but a Smaller number may adjourn from day 
to day, and compel the attendance of absent members under 
such fines and penalties as may be prescribed by ordinance, 
and shall have power to determine the rules of their own 
proceedings, punish a member for disorderly conduct, and 
with a concurrence of two-thirds, or four, expel a member. 

Manner of hold- § 9. All clectious sliall bc held by ballot, and tie votes 
ingeeotions. ^j^^^j j^^ decided by lot in presence of the board of trustees. 

o»th of office, § 10. Each of the members of the board of trustees, be- 
fore entering upon the duties of his office, shall take and 
subscribe an oath before some justice of the peace of said 
county that he will support the constitution of the United 
States and of this state, and that he will perforin the duties of 
his office to the best of his ability ; and there shall be at 
least r)ne regular meeting of said board once in three 
months,. at such times and places as may be j)rescribed by 
ordinance. 

Appointment of § II. Tho board of trustccs shall have power to appoint 

officers. ^ clerk, treasurer, assessor, and one or more street commis- 



TOWNS. • 30S 

sloners, and such other officers as may be judged necessary 
for carrying into effect the powers conferred upon said cor- 
poration by this act, and to require them to give such bonds 
and security as may be deemed necessary to insure the 
faithful performance of their respective duties, before en- 
tering upon the discharge of the same. 

§ 12. The board of trustees shall have power and au- Taxes, 
thority to levy, assess and collect taxes upon all property, 
real and personal, within the limits of said town, which is 
subject to taxation for state and county purposes, not ex- 
ceeding one-half per cent, upon the assessed value thereof, 
and assess and enforce the collection of the same, by any 
ordinances not repugnant to the constitution of this state ; 
also to appropriate money and provide for the payment of 
debts and expenses of the town. 

§ 13. To make regulations to secure the general health General health, 
of the inhabitants of the town ; to declare what shall be 
considered a nuisance, and to prevent, abate or remove the 
same. 

§ li. To open, abolish, alter, widen, extend, establish, street imprtve- 
improve and keep in repair streets, alleys and public ™*" ' 
grounds in said town, and erect, maintain and keep in 
repair bridges, drains and sewers. 

§ 15. To provide the town with water, to sink and keep Buildings, 
in repair wells, and to erect needful buildings for the use of 
the town, and to improve and to protect public buildings. 

§ 16. To provide for the inspection and weighing of ^<^^'^g« *°^ f"** 
hay and stone coal, and the measurement of wood and fuel 
to be used in said town. 

§ lY. To license, tax and regulate auctioneers, mer- Auctioneers, 
chants, grocers, eating houses and peddlers, and to regulate ™^"^ ^^ ^'^ ^' 
the fixing of chimneys and the flues thereof; also, to reg- 
ulate the storage of gunpowder and other combustible 
materials. 

§ 18. To suppress gaming houses, bawdy houses, drink- ^aniina;, etc. 
ing or tippling houses, and all other disorderly houses with- 
in the limits of said town. The above shall apply, extend 
to, and include any boat or other floating structure, which 
shall be kept within two miles of the corporate limits of 
Meredosia, on the Illinois river, as a place of drinking, 
gaming, or for the purpose of prostitution ; to license, tax, 
and regulate theatrical and other exhibitions, shows or 
amusements, and to provide for the trial and punishment 
jf persons who may be engaged in assaults and batteries 
md affrays witliin the corporate limits of said town. 
I § 19. To tix the fees and compensation of town officers, omcen'teea. 
■urors, witnesses, and others, for services rendered under 
the provisions of this act. 

i § 20. To prevent the encumbering of the streets, alleys Encumbrancei, 
xnd public grounds of said town ; to protect shade trees ; 
-0 compel persons to fasten horses, mules and other ani- 

Yol. Ill— 39 



306 



TOWNS. 



Aoimals at large 



Fire-arni: 



Police. 



Ordlnancea. 



Pttblication of. 



Proof©; 



mals, attached to vehicles, while standing upon any street, 
alley or uninclosed lot in said town ; to prev^ent the run- 
ning at large of horses, cattle, sheep, hogs and other ani- 
mals, and to provide for the impounding and distraining 
the same, and to provide for the sale of the same for any 
penalty incurred, and to impose penalties upon the owner 
or owners of any such animals, for the violation of any 
ordinance in relation thereto. 

§ 21. To prevent the running at large of dogs, and to 
provide for the destruction of the same when at large con- 
trary to the provisions of ordinance in such cases made. 

§ 22. To prevent the firing of squibs, rockets, gunS or 
other tire-works or combustibles within the limits of said 
town. 

§ 23. To provide for the punishment of persons who 
may at any time disturb the peace of the inhabitants of said 
town, or the deliberations or proceedings of any public 
meeting of said inhabitants, or the board of trustees when 
in session. 

§ 24:. To regulate the police of the town ; to impose 
fines and forfeitures for the breach of any ordinance, and 
to provide for the recovery and appropriation of such fines 
and forfeitures and the enforcement of such penalties: 
Provided^ that in all cases, the right of trial by jury shall 
be allowed to any person or persons charged with a breach 
of any of the provisions of this act, or any ordinance made 
in pursuance thereof. 

§ 25. The board of trustees shall have power to make 
and enforce all ordinances which may be necessary and 
proper for carrying into efi'ect all the powers specified 
in this act, or as the good of the inhabitants of said town 
may require, so that such ordinances are not repugnant to 
nor inconsistent with the constitution of the United States 
or of this state. 

§ 26. The style of the ordinances of the town shall be, 
" Be it ordained hy the President and Trustees of the Town 
of Meredosia^' " and all ordinances shall, within one month 
after they are passed, be published or made known by 
posting, in three public places in said town, copies of the 
same; and the certificate of the clerk of the town, under 
the seal of the incorporation, shall be prima facie evidence j 
of such ordinance, and of its publication ; and no ordinance ( 
shall take efi'ect until published or made known as afore- 
said. 

§ 27. And all ordinances may be proven by the seal of i 
the town ; and when published or printed in book or pam- i 
pljlet form, and purporting to be printed or published by 
authority of the town of Meredosia, the same shall be re- 
ceived as evidence in all courts and places, without further 
proof. 



TOWNS. 307 



DUTIES OF TIIK PRESIDENT. 



§ 1. The president shall preside at all meetings of the Piesidingofficer 
board, when present ; and in case of his absence at any 
meeting of the board, the board shall appoint one of their 
number chairman, who shall preside at that meetins:. 

§ 2. The president or any two members may call spe- special meet- 
cial meetings of the same. '""-• 

§ 3. The president shall be active and vigilant in en Enfonvmeat of 
forcing the laws and ordinances for the government of the ""^''^'^'^'^^s. 
town. He shall inspect the conduct of subordinate officers, 
and cause negligence and willful violation of duty to be 
punished. He shall have power and authority to call on 
all male inhabitants, over the age of twenty-one years, of 
said town, to aid in enforcing the laws and ordinances ; and 
any and every person who shall fail or refuse to obey such 
call shall forfeit and pay to said town the sum of ten dol- 
lars. 

§ 4. He shall have power, whenever he may deem it Exhibit books 
necessary, to require of any officer of said town an exhibit and papers.: 
of his books and papers, and shall have power to do all 
other acts required of him by any ordinance made in pur- 
suance of the terms of this act. 



MAGISTRATES AND CONSTABLES. 



§ 1. It shall be the duty of the trustees of said town to Election of jus- 
give notice and cause an election to be held on the lirst stable."** *^°"' 
Saturday in December next, for a justice of the peace and 
constable, who shall be elected by the qualified voters, 
within the corporate limits of said town, who shall take the 
same oath, execute the same bond, and be clothed with the 
same power, authority, jurisdiction, and subject to the same 
liabilities as other justices of the peace and constables, 
within the limits of this state, and shall hold their offices 
respectively two years from the first Saturday in December, 
A. D., 1867, and biennially forever thereafter, also shall 
hold their offices until their successors are elected and 
qualified. 

§ 2. For the election of a justice of the peace and con- 
stable of said town, shall be held at the same time and place 
as the election of trustees and the manner of holding all 
the elections required by this act, shall be held and con- 
ducted and returns thereof made as may be hereafter pro- 
vided by the ordinances of the trustees of said town by 
this act created. 

§ 3. The said justice of the peace shall be commissioned How commis- 
by the governor of this state, and shall be a conservator ''°°^'^' 
of the peace for said town, and shall have exclusive juris- Duties of. 
diction in all cases arising out of or under the ordinances 
of the corporation, and shall have the same fees and com- 



308 TOWNS. 

peusation allowed for similar services under the laws of this 
state to other justices of the peace. In case of his absence 
ur inability to act, an 3^ justice of the peace having an office 
in said town shall have power and authority to hear and 
determine all eases which may arise under the ordinances 
of said town. 
Change of ve- § 4. In all cascs arising under the ordinances of said 

""^' town changes of venue and appeals shall be allowed as 

in other cases before justices of the peace ; and the said 
corporation shall be allowed to appeal in any case in which 

» they are parties, by causmg their clerk to execute a bond, 

in the nam.e of the corporation, in the form now or which 
may hereafter be furnished by law in other cases, without 
other security ; and an order entered upon the records of 
said corporation, directing said appeal, shall be sufficient 
evidence of the authority of said clerk to sign said bond. 

Power and du- g 5. The towu coDStable elected under the provisions 

b\l °^ ^■°*^**' of this act shall have power and authority to execute all 
processes issued for the breach of any ordinance of said 
town; and, for that purpose, his power and authority shall 
extend over the county of Morgan, and shall have the same 
power, jurisdiction and authority, within the limits of said 
county, as other constables, in all cases possess under the 
laws of this state, and shall give bond and qualify as said 
.board shall, by ordinance, prescribe, 
resti. § 6. The said constable shall be authorized to arrest all 

persons, on view, without warrant, who shall violate any of 
the provisions of this act or any of the ordinances of said 
town made in pursuance thereof, and to take him, her or 
them before the justice of the peace of said town to be tried 
and punished as may be prescribed by ordinance. In case 
of the absence or inability of said constable to act, any 
constable of said county of Morgan shall have power and 
authority to execute all processes and writs which may be 
issued, in the same manner and with like effect as the con- 
stable of said towh. 



STREETS AND ALLKY.^. 

^^ , $ 1. Whenever it shall be necessary to take private 

Taking private V . it 4 4. 11 

property for property lor openmg or altermg any public street or alley 
pubicpurpoees .^^ ^^.^^ towii the Corporation shall make just comj.ensation 
to the owner or owners of said property and pay or tender 
the same before opening or altering such streets or alley ; 
and in case the amount of such compensation can not be 
agreed upon the same shall be ascertained by six disinter- 
ested freeholders of said town, who shall be summoned by 
the justice of the peace of said town for that purpose. 

$$ 2. The said jurors, so empanneled to ascertain the 
damage which wilt be sustained by the opening or altering 
of any street or alley, by any person or persons so owning 



§ 2. The board of trustees, tor the purpose of keeping street labor. 



TOWNS. 309 

property, shall first be sworn to that effect by said justice, 
and shall return to him their inquest, in writing signed by 
each of said jurors, and by him laid before the board of 
trustees at their first meeting thereafter ; and either party 
may appeal therefrom to the circuit court of Morgan county, 
in such manner and upon such terms as may be prescribed 
by ordinance. 

§ 3. In the assessment of such damages, the jury shall 
take into consideration the benefits as well as the injury 
happening to the owner or owners of property proposed to 
be taken for opening or altering a street or alley by such 
opening or alteration. 

MISCELLAXKOl'S PltUVlSIOXS. 

§ 1 . The inhabitants of the town of Meredosia are hereby Exemption from 
exempted from working on any road beyond the limits of 
said town, and the payment of any road tax levied by the 
commissioners of highways of the township of Meredosia; 
and the entire jurisdiction and control of said roads, high- 
ways and bridges in said town shall be held and exercised 
by the board of trustees by this act provided, and may im- 
prove the same bv general tax. 

§"■'"■'■ . _ _ 

the streets, alleys and highways in said town in repair, are 
authorized and empowered to require every able-bodied 
male inhabitant of said town, over twenty-one years of age 
and under fifty, to labor on said streets, alleys and high- 
ways any number of days not exceeding three in each 
year. Any person failing to perform such labor, when 
duly notified by the street commissioner or other autho- 
rized ofiicer of said town, shall forfeit and pay the sum of 
one dollar and filty cents, to be paid to said town for each 
and every day so neglected and refused. 

§ 3. The board uf trustees shall have power to provide Punishment •! 
for the punishment of ofi'enders against any ordinance of 
said town, by imprisonment in the town calaboose or county 
jail, not exceeding thirty days for any one ofiense. In all 
cases where such offenders shall fail or refuse to pay the 
tines and forfeitures which may be recovered against them. 

§ 4. All suits for fines and penalties in and for the vio- suits, fines, etc. 
lation of any ordinance shall be in the name of the presi- 
dent and trustees of the town of Meredosia ; and the board 
of trustees shall regulate by ordinance the form and nature 
of the first and subsequent process, and the mode of exe- 
cuting the same. 

§ 5. The incorporation hereby created shall not be re- security-costs. 
quired, in any suit brought for a violation of any ordinance 
ot said town, to file, before the commencement of any suit 
or during the pendency thereof, any security for costs. 



310 TOWNS. ' 

Vested rights. ^ 6. All Ordinances and resolutions passed by the presi- 
dent and trustees of the town of Meredosia shall remain in 
force until the same shall have been repealed by the board 
of trustees hereby created ; and all actions, lines, penalties 
and forfeitures which have accrued to the president and 
trustees of said town, or which may hereafter accrue to 
them prior to the taking effect of this act, shall be vested 
in and prosecuted by the corporation herein created. 
Vested prop- § "^ • ^^^ property belonging to the president and trus- 
"*>■• tees of the town ot Meredosia, tor the nse of the inhabitants 

of said town, shall, upon this act taking effect, be vested in 
the corporation, and tliis act shall not invalidate any act 
done bv said president and trustees, nor divest them of any 
rights which have accrued to them prior to the passage of 
this act. 
Vacation of of. § 8- Whenever the justicc of the peacc herein provided 
^^^- for shall remove from said town, resign or die, or his office 

shall otherwise become vacated, the board of trustees shall 
immediately provide for tilling such vacancy by election. 

§ 9. This act is hereby declared a public act, and may 
be read in evidence in all courts of law and equity in this 
state, without proof. "S^iis act shall take effect and be in 
force from and after its" i:^ssage. 
Approved February 25, 1867. 



In force Feb"v AN ACT to incorporate the town of Wenona. 

28, 1867. 

Section 1. JSe it enacted by the People of the State of 
Illinois^ reyresented in the General Assembly^ That the 
inhabitants of the town of Wenona, in the county of Mar- 
shall, and state of Illinois, be and they are hereby consti- 
Nanie and style tutcd a body poHtic, by the name and style of "The Town 
of Wenona;" and, by tliat name, shall have perpetual suc- 
cession, and may have and use a common seal, whicii they 
may change and alter at pleasure. 
Boundaries and § 2. The boundaries of said town shall include within 
additions.; their Corporate limits all of the north-east quarter of section 
number twenty -four (24) and that portion of the north half 
of the south-east quarter of section number twenty-four, 
(24,) which has been platted and recorded in the recorder's 
office in said county, and known as Howe's and Sherwood's 
additions to the town of Wenona, all of the above described 
land being in township number thirty (30) north, range 
number one (1) east of the third principal meridian, in the 
county of Marshall, and state of Illinois. 

§ 3. Whenever any tract of land adjoining the town of 
Wenona shall be laid off in town lots and duly recorded, as 



TOWNS. 311 

required by law, the same may, by action of tlie town 
council, be annexed to and form a part of the town of 
"Wenona. 

§ 4. The inhabitants of said town, by the name and powers, etc. 
style aforesaid, shall have power to sue and be sued, plead 
and be impleaded, to defend and be defended, in all suits 
of law and equity, and in all actions whatsoever ; to pur- 
chase, receive and hold property, reol and personal, in said 
town, and to purchase, receive and hold property, both real 
and personal, beyond the limits of said town, for burial 
grounds and for other purposes, for the use of the inhabi- 
tants of said town ; and to sell, lease, convey and improve 
property, real and personal, for the benetit of said town, 
and to do all other things in relation thereto as natural 
persons. 

ARTICLE II. 

OF THE TOWN COCNCIL. 

§ 1. There shall be a town council, to consist of a presi- Town council, 
dent and five (5) trustees to be chosen, annually, on the 
first Monday of May, a. d. 1867, by the qualified voters of 
said town. 

§ 2. If any member of the town council shall, during Vacation of 
the term of his office, remove from the town his office shall ^ ^^' 
thereby be vacated. 

§ 3. The town council shall judge of the qualifications, Election of 
elections and returns of its own members, and shall deter- ^^"" ^^^' 
mine all contested elections. 

§ 4. A majority of the town council shall constitute a Quorum. 
quorum to do business, but a smaller number may adjourn, 
from day to day, and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance. 

§ 5. The town council shall have power to determine Punishment of 
the rules of its proceedings punish its members for dis- 
orderly conduct, and, with the concurrence of two-thirds of 
the members elected, expel a member. 

§ 6. The town council shall keep a iournal of its pro- •^omn^i of pro- 
ceedings, and, from time to time, publish the same ; and 
the yeas and nays, when demanded by any member present, 
shall be entered upon the journal. 

§ 7. All vacancies that occur in the town council shall Fuung vacan. 
be filled in such manner as it shall appoint. ^'^^" 

§ 8. Each and every member of the town council, before Duties of office. 
entering upon the duties of his office, shall take and sub- 
scribe an oath or affirmation, in addition to the several oaths 
prescribed by the constitution of this state, that he will well 
and truly perform the duties of his office to the best of his 
ability. 



312 TOWNS 

Tie vote. § 9. Whenever there shall be a tie in the election of 

the members of the town council the judges of election shall 
certify the same to the police magistrate, or other justice of 
the peace of said town, who shall determine the same, by 
lot in such manner as shall be prescribed by ordinance. 

Meetings. § 10. There shall be stated meetings of the town coun- 

cil in each year, at such times and places as may be pre- 
scribed by ordinance. 

ARTICLE HI. 

OF ELECTIOAS. 

Election of offi- § 1- ^^^ t^i^ first Mouday of May next an election shall 
^•^s. ])e held in said town for the president and five members of 

the town council, and for a police magistrate ; and, forever 
thereafter, on the first Monday in May, in each year, there 
shall be an election held for said president and trustees ; 
and for said police magistrate an election shall be held once 

How conducted in two vcars. The first election shall be held, conducted, 
and returns thereof made as may be provided by ordinance 
by the present president and trustees of the town of "Weno- 
na, and all succeeding elections as may be provided by 
ordinance of the town council by this act created. 

Qaaiifieation of § ^' ^^^ pcrsous who may be entitled to vote for state 

Tot.rs. ofiicers and who shall have been actual residents of said 

town for sixty days immediately preceding said election 
sliall be entitled to vote for said ofiicers. 

ARTICLE IV. 

OF THE LEGISLATIVE POWERS OF THE COTNCIL. 



Town council. 



^ 1. The town council shall have power and authority 
to levy and collect taxes upon all property, real and per- 

Legisiative soual, withiu thc Hmits of the town, not exceeding one per 
powers. centum per annum, upon the assessed value thereof, and 

may enforce thc payment of the same in any manner to 
be prescribed by ordinance, not repugnant to the constitu- 
tion of the United States or this state. 

Appointment of § 2. The towu couucil shall have power to appoint a 

officers. clerk, treasurer, assessor, marshal, constable, commissioner 

of streets and such otlier officers as may be necessary, and 
to require of all officers appointed in pursuance of this 

Securities. charter bonds, with such penalty and security for the faith- 
ful performance of their duties as may be deemed expedi- 
ent, and, also, to require all officers appointed, as aforesaid, 

Oath of office, bcfore entering upon the discharge of their respective offi- 
cial duties, to take an oath in the same manner provided in 
section eight of article two of this act. 

Appropriations. § 3. To appropriate money and provide for the pay- 
ment of the debts and expenses of the town. 



TOWNS. 313 

§ 4. To make regulations to prevent the introduction of sanitary meas- 
contamous diseases into the town and enforce the same 
within three miles thereof. 

§ 5. To establish hospitals and to make regulations for 
the government of the same. 

§ 6. To make regulations to secure the general health 
of the inhabitants, to declare what shall be a nuisance, and 
to prevent and remove the same. 

§ 7. To provide the town with water, to sink and keep 
in repair wells and pumps in the streets, for the convenience 
of the inhabitants. 

§ 8. To lav out, open, alter, abolish, widen, extend, streets and 

^ I -,. ^ V ' >i • • 11 • buildings. 

establish, grade, pave or otherwise improve and keep in 
repair public squares, streets, avenues, lanes and alleys, and 
to establish a building line thereon. 

§ 9. To establish and keep in repair bridges. 

§ 10. To provide for lighting the streets and erecting Gas. 
lamp posts. 

§ 11. To establish, support and regulate night watch- 
men. 

§ 12. To erect market houses, to establish markets and Town buildings 
market places, and provide for the government and regula- 
tion thereof. 

§ 13. To provide for the erection of all needful build- 
ings, for the use of the town. 

§ 14:. To provide for the inclosing, improving and regu- Public grounds. 
lating all public grounds belonging to the town. 

§ 15. To license, tax and regulate auctioneers, mer- Licenses. 
chants, retailers, taverns or ordinaries, hawkers and ped- 
dlers : Provided^ that no fee shall be charged for any such 
license or other tax imposed on account of such occupation 
where the person having or receiving the same is a resident 
of said town and assessed therein. 

§ 16. To license, tax and regulate hackney carriages, 
coaches, omnibuses, wagons, carts and drays, and fix the 
rates to be charged for the carriage of persons and for the 
wagonage, cartage or drayage of property. 

§ 17. To license and regulate porters, and fix the rates 
of porterage. 

§ 18. To license and regulate and suppress theatrical 
and other shows and amusements. 

§ 19. To tax, restrain, prohibit and suppress tipplins: Disorderly 
houses, dram shops, gambling houses, bawdy houses and 
other disorderly houses within said town and within three 
miles thereof, but not to license any house or place for the 
sale of intoxicating drinks of any kind as a beverage. 

§ 20. To prevent the encumbering of the streets, squares 
and alleys of said town. To plant and protect shade trees ; shade trees, 
to require persons to fasten horses and other animals at- 
tached to vehicles, while standing in said town ; to prohibit Animals at 
and prevent the running at large of horses, hogs, sheep and ^^^^^* 

Vol. Ill— 40 



314 



TOWNS. 



Discharge of 
fire-arms. 

Fires. 



Chimnevs, etc 



Cembustibles— 
storaee of. 



Walls, etc. 



Measurements. 



Census. 



Removal from 
oflaee. 



Compensation 



Police. 



Gaming, etc. 



Ordinance.". 



Other animals, and provide for destroying and impounding 
the same, and to provide for the forfeiture or sale ot the 
same for any penalty incurred, and to impose penalties upon 
the owners of any such animals lor the violation of any 
ordinance in relation thereto ; to prevent the running at 
large of dogs, and to provide for the destruction of the 
same when running at large contrary to ordinance ; and to 
prevent the tiring of squibs, rockets, guns or other combus- 
tibles or lire arms within the limits of said town. 

§ 21. To provide for the prevention and extinguishment 
of tires, and to organize and establish fire companies. 

§ 22. To regulate the fixing of chimneys and the fines 
thereof. 

§ 23. To regulate the storage of gunpowder, tar, pitch, 
rosin, spirits wine, and other combustiole materials, and also 
ashes. 

§ 24. To regulate and order parapet walls and partition 
fences. 

§ 25. To provide for the inspection and measurement of 
lumber and other building materials, and for the measuring 
of all kinds of mechanical work. 

§ 26. To provide for the inspection and weighing of hay 
and stone coal, and the inspection and measurement of char- 
coal, fire wood and other fuel, to be sold and used in said 
town. 

§ 27. To regulate the inspection of butter, lard and 
other provisions. 

§ 28. To provide for taking enumerations of the inhabi- 
tants of the town. 

§ 29. To regulate the election of town officers, and pro- 
vide for removing from office any person holding office 
created by this act or by ordinance. 

§ 30. To fix the compensation of all town officers, and 
regulate the fees of jurors, witnesses and others for services 
rendered under this act or any ordinance. 

§ 31. To regulate the police of the town ; to impose 
fines, forfeitures and penalties for the breach of any ordi- 
nance, and to provide for the recovery and appropriation 
of such fines and forfeitures and the enforcement of such 
penalties. 

§ 32. To suppress, restrain and prohibit billiard tables, 
bail alleys, faro boards, lotteries, horse races, and all other 
means for gambling, within said town and within three 
miles thereof. 

§ 33. The town council shall have power to make all 
ordinances which shall be necessary and proper for carry- 
ing into execution the powers specified in this act, so that 
such ordinances be not repugnant to or inconsistent with 
the constitution of the United States or of this state. 

§ 34. The style of the ordinances shall be, '' Be it or- 
dained hy the Tovm of Wenonay 



TOWNS. 315 

§ 35. All ordinances as passed by the town council shall, Publication oi 
within one month after they shall have been passed or pub- °'^^'°*"^^^" 
lished in some newspaper published in the town or posted 
up in three public places in said town, and shall not be in 
force until they shall have been published or posted, as 
aforesaid ; and a certificate of the clerk of said town or a 
certified copy of said certificate shall be held, in all courts 
and places, sufficient evidence of such publication. 

§ 36. All ordinances of the town may be proven by the How proven, 
seal of the corporation, and, when printed or published in 
book or pamphlet form and purporting to be printed by 
authority of the corporation, the same shall be received in 
evidence in all courts and places, without further proof. 

ARTICLE V. 

OF THE PRESIDENT. 

§ 1. The president shall preside at all meetings of the President of 
town council, and shall have the casting vote, and no other, ^°"°^''' 
except in the case of a tie vote ; and, in case of his absence 
at any meeting, the council shall appoint one of their num- 
ber chairman fvo tern. 

§ 2. The president, or any two members of the council, caii meetings, 
may call special meetings of the town council. 

g 3. The president shall be active and vigilant in en- Miscellaneous 
forcing the laws and ordinances for the government of the p?es?dent ^^ 
town ; he shall inspect the conduct of all subordinate officers 
of the town, and cause negligence and positive violation of 
duty to be prosecuted and punished ; he shall, from time to 
time, communicate to the council such information and 
recommend such measures as in his opinion may tend to 
the improvement of the finances, public health, security 
and ornament of the town. 

§ 4. He is hereby authorized to call on any male in- 
habitant of said town, over the age of eighteen years, to aid 
in enforcing the laws and ordinances thereof or in preserv- 
ing the public peace ; and any person who shall not obey 
such call shall forfeit to the town a fine, not exceeding ten 
dollars. 

§ 5. He shall have power, whenever he shall deem it inspection of 
necessary, to require of any officer of said town an exhibit offiSs!"^^^ 
of his books or papers or a report of his doings as such offi- 
cer ; and shall have power to do all other acts that may be 
required of him by ordinance made in pursuance of this 
act. 

ARTICLE VI. 

OK PROCEEDINGS IN SPECIAL CASES. 

§ 1. Whenever it shall be necessary to take the prop- condemning 
erty of any person, corporation or body politic, for the pur- p'^^p^'*^' 



31t) 



TOWNS. 



Compensation. 



Petitions for al- 
terations. 



duties of jurors. 



Specifications 



Proviso. 



Powers of town 
council in rela- 
tion to im- 
provements. 



Specifications. 



Assessments. 



One-fourth of 
owners neces- 
sary to action 
on petitions. 



pose of opening, altering, widening, extending, establishing, 
making or improving any public square, street, avenue, 
lane or alley, the town shall make a just compensation to 
the owners of such property, and shall pay or tender the 
same before taking such property ; and in case the amount 
of such compensation can not be agreed upon, thepolicei 
magistrate of the town shall cause the same to be ascer- 
tained by a pny of three disinterested free holders of the 
town, in such manner as the council, by ordinance, shall 
direct. 

g 2. AVhen all the owners ot property on a street, square 
or alle}' proposed to be laid out, opened or altered shall 
petition therefor, the town council shall provide for the lay- 
ing out, opening or altering the same ; but no compensa- 
tion shall in such case be allowed for such property so 
taken. 

§ 3. All jurors cmpanneled to inquire into the amount 
of benefit or damages which shall happen to the owners of 
property affected by the locating, opening, changing, estab- 
lishing, grading or otherwise improving any public square, 
street or alley, or any other improvement in this article 
named, except sidewalks and private drains, shall tirst be 
sworn to that eflect, and shall return to the police magis- 
trate their inquest or assessment, in writing signed by such, 
jurors, or a majority of them: Provided^ always, that in 
such assessments the jur}^ shall take into consideration the 
benefits as well as the injury happening to the owners of 
property taken for or affected by any such improvements. 

§ 4, The town council shall have power, from time to 
time, to cause any public square, street, alley or highway 
to be graded, paved, macadamized, planked or otherwise 
improved, and keep the same in repair, or to cause any lot' 
in said town to be filled up ; to cause cross and sidewalks, 
main drains and sewers, and private drains and sewers, and 
private drains and aqueducts to be constructed and laid, 
relaid, cleansed and repaired, and to regulate the same ; 
and to lay out public squares, and to grade, improve, pro- 
tect and ornament any public square, street or alley now or 
hereaiter laid out. 

§ 5. The expenses of any improvement mentioned in 
this article, except sidewalks and private drains, may be 
assessed upon the real estate in any natural division affected 
thereby, with the cost of the proceedings therein, in propor 
tion, as nearly as may be, to the benetits resulting thereto, 
in such manner as the town council may by ordinance^ 
direct. 

g 6. The council shall order, on petition of the owners 
of one-fourth part of the front of the lots included in such 
order, walks to be built and gutters to be paved in fnmt of 
ai»y such lots by the owners thereof, in such time and man- 
ner and of such materials as it may direct ; and in case o^ 



TOWNS, 317 

failure to do the same, the council shall cause the same to 
be done and assess the cost thereof to each lot against the 
same. 

§ 7. The town council may cause sidewalks and gutters eide waika. 
to be constructed, as it may direct, on any street, alley or 
any part thereof, and assess the cost thereof to each lot, ac- 
cording to the respective fronts : Provided^ that when such Proviso, 
order shall be made without a petition of the owners of 
one-fourth part of the front of the lots included therein, the 
town shall pay at least twenty-Uve per cent, of the cost 
thereof. 

§ S. Whenever the inhabitants oi said town, in special T-'^xesforpubUc 
meeting assembled, upon the call of said council or of two '™p''°^^'^®" '• 
legal voters of the same, shall, by a majority present, vote 
in favor of any public improvement therein and of appro- 
priating therefor any sum, not exceeding in any one year 
one-fourth of one per centum of all the taxable property of 
said town, the council shall be authorized to levy special tax 
therefor, not exceeding the sum so voted, upon all the tax- 
able property of said town, and collect, hold and expend 
the same in such manner as the council mav direct. 

§ 9. All owners or occupants upon whose premises the Drains on pri- 
town council shall order and direct private drains, commu- '^''^*® P^^^^^^es. 
nicatiiig with any main drains, to be constructed, repaired, 
relaid or cleansed, shall make, repair, relay or cleanse such 
private drains, at their own costs and charges, in the man- 
ner and within the time prescribed by ordinance or other- 
wise, and upon their failure so to do, the council may cause 
the same to be done, and assess the expenses thereof upon 
the lots, respectively, and collect the same as other assess- 
ments and taxes. A suit may also be maintained against collection of 

.1 i. L' \ • r <• assessments. 

the owner or occupant or such premises, tor recovery ot 
such expenses as for money paid to his use at his request. 

§ 10. All real estate within the limits of said town and Real estate sub- 
all personal property within the limits of said town, without -"ment? ^^^^'^ 
regard to whether the owner is a resident of said town, 
shall be subject to taxation, and taxes may be levied and 
collected upon the same, for the use and benefit of the said 
town, in such time and manner as the council shall by or- 
dinance provide. , 

§ 11. The town council may, by ordinance, direct that Assessment of 
the assessment of the county or township assessors of the ^^"'^P^P^^y- 
property in said town shall be deemed and taken as the 
assessment of said town, and that the clerk of the corpora- 
tion shall certify to the clerk of the county court all persons Report to coun- 
and property taxable therein, with the taxes and asssess- *^ ^^^^^' 
ments levied thereon ; in which case they shall, by the 
county clerk, be entered upon the tax book of the county 
and be collected with the county and state taxes ; and the compensation, 
same fees shall be paid by said town for actual services 



318 TOWNS. 

herein as may be provided by the revenue laws of the state 
for similar services. 

A K T I C L E V 1 1 . 

Road work. g 1. The towu couucil may havo power, for the purpose 

of keeping in repair the streets and alleys and public squares 
of said town, to require every male inhabitant of said town 
able to perform manual or day labo)', between the ages of 
twenty-one years and fifty? to- labor on said streets, alleys 
and public squares, not exceeding three days in each year ; 
and any person failing to perform such labor, when duly 
notified, shall forfeit and pay the sum of one dollar and a 
half to said town for each day so neglected or refused. 

^ 2. The inhabitants of the town of Wenona are hereby 
exempted from working on any road beyond the limits of 
said town and trom paying any tax for the same, from and 
after the year (186S) one thousand eight hundred and sixty- 
eight. 
Violation of or- § 3. The towu couucil shall have power to provide for 
dinances-pen the Duuishment of offenders asjainst the ordinances uf said 
town, by miprisonment m the county jau not exceeding 
thirty days for any one offense ; and in all cases when such 
offender shall refuse to pay the fines, forfeiture and costs 
which may be recorded or adjudged against them, and it 
shall be conipetent for the magistrate or other court before 
whom the same shall be tried to direct that such offenders 
shall be committed to the county jail until such fines, for- 
feitures and costs shall be paid or otherwise be discharged 
by due process of law. 
Annual finan- § ^- ^'^^^ towu couucil shall causc to be pubUshcd, an- 
ciai report. nually, a full and ample statement of all moneys re- 
ceived and expended during the preceding year, and on 
what account received and expended, 
previoug or.ii- § 5. All Ordinances and resolutions passed by the pres- 
nances. ^^^^ president and trustees of the town of Wenona shall re- 

main in full force until the same shall have been repealed 
Previous ap. by the town council hereby created ; and the said president 
pointmentp. j^jjj trustccs shall continuo in oflice and exercise all the 
powers with which they are now vested until the town 
council hereby created shall have been elected and qualified. 
Corporation § 0. All suits, actious and prosecutions instituted, cora- 

prosecuiions. ,^n>ii(.(j(j <-,j. hrought by the corporation hereby created shall 
be instituted, commenced and prosecuted in the name of 
the town of Wenona. 
Actions accruvi g 7. All actious, fiiics, penalties and forfeitures which 
have accrued to the president and trustees of the town of 
Wenona shall be vested in and prosecuted by the corpora- 
tion hereby created. 



TOWNS. 319 

§ 8. All property, real and personal, heretofore belong- Town property. 
ing to the president and trustees of the town of Wenona, 
for the use of the inhabitants of said town, shall be and the 
same is hereby declared to be vested in the corporation 
hereby created. 

§ 9. This charter shall not invalidate any act done or invalidation of 
to be done by the president and trustees of the town of p^"^^'«^^' *^*«- 
Wenona, nor divest them of any rights which have accrued 
to them prior to the passage of this act. 

g 10. Appeals shall be allowed in all cases arising nn- Appeals. 
der the provisions of this act or any ordinance passed in 
pursuance of this act to the county or circuit c^urt of Mar- 
shall county ; and every such appeal shall be taken from and 
granted in the same manner and with like effect as appeals 
are taken from and granted by justices of the peace to the 
circuit court in similar cases under the laws of this state : 
Provided^ the said corporation shall be allowed to appeal in 
any case in which it is a party by causing its president or 
clerk to execute a bond, in the name of the corporation, in 
the form now prescribed by law in other cases, without other 
security ; and an order entered upon the records of said cor- 
poration directing said appeal or approving the same, shall 
be sufficient evidence of authority to sign said bond. 

§ 11. The president and trustees of the town of Weno- Publication of 
na shall, immediately after the passage of this act, take ^^^' 
measures to promulgate the same within the limits of said 
town. 

§ 12. This act is hereby declared to be a public act, and validity of act. 
may be read in evidence in all courts of law and equity 
within this state, without proof. 

§ 13. The town marshal or constable or any other officers Town constable 
authorized to execute writs or any other process issued by "~p°^^" ^ • 
the police magistrate of said town shall have power to ex- 
ecute the same anywhere within the limits of the counties of 
Marshall and La Salle, and shall have the same power to 
execute any process issued by any justice of the peace of 
said county of Marshall, and be entitled to the same fees 
for traveling and other services as are allowed to constables 
in similar cases. 

§ 14. The town council may, at any time hereafter, Future eiecti'ns 
provide by ordinance for future elections by the inhabitants 
of said town of such town officers as they may deem it 
desirable to have elected. 

§ 15. All fines and penalties, recoverable by indictment Disposal of fines 
or action, for any offense committed within the limits of ^^^°^^'"^^' 
said town, and which are now required by law to be paid 
in to the county treasurer or the school commissioner of said 
county of Marshall, shall hereafter be paid into the town 
treasurer, for the use of said town. 

§ 16. Deeds of lands sold for taxes, heretofore made or Deeds of land 
hereafter to be made under the ordinances of the town of ^^^"^ ^^^ **^^^* 



320 



T0WNf5. 



imits to licen- 
ces. 



Liquors, etc. 



Wenona, may be executed by the president of the corpora- 
tion hereby created, and shall be ackuowleged as other con- 
veyances, and, when executed and acknowledged, as afore- 
said, it shall be deemed and taken in all courts and places 
to be prima facie evidence of the existing and regularity 
of all such prior proceedings as might otherwise be re- 
quired to be proved, in order to establish the title to the 
purchase; and' such deed shall be evidence, as aforesaid, 
without any proof of any proceedings prior to the issuing 
thereof. 

§ 17. The town council are hereby expressly and forever 
prohibited from granting license to any person or persons 
in said town of Wenona to sell, traffic, exchange, barter or 
give away any strong beer, ale, lager beer, wine, rum, gin,| 
brandy, whisky or intoxicating liquors, drinks or beverages 
of any kind whatever, including Hostetter's Stomach Bit- 
specificaiions. tcrs, Plantation Bitters, Robaek's Bitters, Red Jacket Bit- 
ters, or any other bitters, of whatever name or kind, con- 
taining intoxicating liquors ; and no person shall be per- 
mitted to bring to the town or keep about his, her or their 
premises, saloon, cellar, dwelling house, out house, or in 
any other place in said town or within three miles thereof, 
any of the above named drinks, liquors or intoxicating 
beverages, for the purpose of trafficking therein in any way 
whatever : Provided, the town council may grant license 
to the druggists in said town, if deemed by the town coun- 
cil to be discreet persons, to sell wines or other spirituous 
liquors for mechanical, medicinal and sacramental purposes 
only. And the said council shall have power, at any regu- 
lar meeting, to revoke said license. Any person or persons 
violating any of the provisions of this section of this char- 
ter shall forfeit and pay into the treasury of the corpora- 
tion, for the use of the inhabitants of said town, not less 
than twenty-five dollars nor more than one hundred dollars 
for each and every ofiense, to be recovered by an action of 
debt before the police magistrate or other justice of th( 
peace in said town ; and in case any offender or offenders 
shall refuse or fail to pay such fine or fines and costs that 
may be adjudged or assessed against him, lier or them by 
said police magistrate or other justice of the peace, and said 
offender or offenders shall fortliwith be committed to the 
county jail for a term of not less than thirty days, unless 
said fine or fines and costs be sooner paid. 

§ 18. The president and trustees created by this act 

tJuste'Sfeto"*' ^^ ^^^ town couucil of Wcuoua shall hold their offices foi 

one year and until their successors are elected and qualified ; 

and the police magistrate elected by virtue of this act shall 

hold his office for two years and until his successor \i 

elected and qualified. 

Act to be sub- § 10. This charter shall be submitted to a vote of the 

mjued to legal p^Qpi^ ^f ^\^^ town of Wcnoua ou the last Monday of April 



Proviso. 
Druggists 



Term of office 



1*0 WKS. ^2i 

next, and, if adopted by a inajorit}^ of the votes oast, it 
shall become a law from the time the same is so adopted ; 
otherwise to be imll and void. The ])resent president and 
trustees of the town of Wenona shall post np notices for Riecii..n noii.^-. 
the election provided for in this section, giving ten days' 
notice of the time and place of holding said election. And 
if this charter is adopted, it shall be the duty of the judges 
uf said election to cause a certificate copy of the same to copy to be tiled 
be filed in the county clerk's office of said county of Mar- 
shall. 

§ 20. This act shall be in force from and alter its pas- 
sage. 

Approved February 28, 1867. 



AX ACT to inoorpoiiite the town of Normal. In force Feb'y 

20. 1867. 

ARTICLE I . 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That the in- 
habitants and residents of the tov/n of formal, in the 
county of McLean, and state of Illinois, are hereby con- 
stituted and declared a body corporate and politic, by the 
name and style of ''The Town of Normal;" and, by that Name and stjie 
name, shall have perpetual succession ; and may have and 
use a common seal, which they may alter at pleasure; have 
power to sue and be sued, plead and be impleaded, in all 
courts and places where justice is administered, in all actions 
whatever ; to purchase, receive and hold property, both Corporate 
real and personal, within the limits of said town and beyond 
its limits, when needed for burial grounds or other corpo- 
rate purposes ; to sell, lease and convey property, real and 
personal, for the use of said town ; to protect and improve ' 
any such property as the public good may require. 

§ 2. The town limits of the .^aid town of Normal shall K'^«»c»a'i«*s- 
be bounded as follows, to-wit: Beginning at a pont one mile 
due west of the central point of section twenty-eight, (28,) 
township twenty-four (2i) north, range two (2) east, in 
McLean county, Illinois; thence north one mile; thence 
east two miles; thence south two miles; thence west two 
miles; thence north one mile, to the place of beginning; 
/VciJit?^?^?, that all tracts of land within the town boundaries. Lauds use.i for 
which are in extent ten acres or more, and used tor agricul- purposes^^'ex- 
tural or horticultural purposes only, and not as parts of a f^^fiop '''°'" 
residence, nor laid off into town lots, shall be exempt from 
taxation for town revenue until the same shall be sub- 

Yol. Ill— 41 



322 , TOWNS. 

divded into town lots ; and each lot when so divided, shall 
be taxed as other town lots. 
Additions. § 3. Whenever any tract of land adjoining said towi 

Plats required, shall be laid off into town lots, platted and duly recorded, ai 
required by law, the same shall be annexed to and form j 
part of the town of Normal : Provided^ that the towi 
council shall have power to require that all additior.s an( 
sub-divisions hereafter made to said town shall be so lai( 
out and platted as to correspond and conform to the reg 
ular blocks, streets and alleys, already laid out and estab 
lished within said town; and no map or plat of any addi- 
tion or sub-division to said town shall be entitled to record 
To be approved or be recorded in the office of the recorder of McLean county 
and recorded. y^^^\\ y^g game shall be approved by the town council o 
said town ; and all such additions shall be null and voic 
until a Correct map or plat thereof shall be approved by 8ai( 
town council. 

ARTICLE II. 

Trustees and § 1. The legislative powcrs of the lown of !N"ormal shall 
quaiificauons, \^q vested in a town council, composed of five trustees, to 
be elected, annually, by the qualified voters of said town ; 
and no perso'i shall be a trustee of said town who has not 
arrived at the age of twenty-one years, and who has not 
resided in said town one year next preceding his election, 
and is not a citizen of the United States. And the said 
trustees shall, at their first meeting, proceed to elect one of 
their number president; and shall have power to fill all 
vacancies in said board which may be occasioned by death, 
resignation or removal : Provided^ the vacancy shall not 
exceed six months. 

Elections and § 2. The town couucll shall determine the qualifications, 

o?councir"* returns and elections of its own members. A majority shall 
constitute a quorum, but a smaller number may adjourn, 

Absentee! from time to time, and compel the attendance ot absent 
members, under such penalties as may be prescribed by 

Rules, etc. Ordinance; shall have power to determine the rales of their 
own proceedings, punish a member for disorderly conduct, 
and, with a concurrence of three-fifths, expel a member. 

oathofofficc. §3. Each member of the town council shall, before enter- 
ing upon the duties of his office, take an oath to perform the 
duties of his office to the best of his knowledge and ability, 
to support the constitution of the United States and of this 

Meetings. State. And there shall be at least one regular meeting of 
said town council in each month, at such time and place as 
may be prescribed by ordinance : Provided^ that the pres- 
ident or any three members of said council may call special 
meetings of said council, first giving such notice, in writing, 
as shall be provided for by the council. 



TOWNS. 323 



ARTICLE III. 



§ 1. There shall be elected in the town of i^ormal, by Eiertion of om- 
the qualified voters thereof, on the lirst Monday of March, ^*'^^* 
1867, and on the first Monday of March every four years 
thereafter, a police mas^istrate and a town constable, who 
shall hold their respective ofiices for four years and until 
their successors shall be elected and qualified. 

S 2. ^o nerson shall be eligible to the office of police EiiEribiUfy of 

* i}('Iicti nitidis* 

mao^istrate or to the office of town constable who shall not trateann con- 

i. L I 

have been a resident of the town one year next preceding ^^"^' 
his election, or who shall not be a citizen of the United 
States. 

§ 3. For the election of five trustees, a police magis- Election pre- 
trate, and a town constable, the town of Normal is hereby ^'"^'^" 
declared an election precinct. 

§ 4. The police magistrate shall be commissioned by Police magis- 
the governor of the state of Illinois as a justice of the peace, cammSoned 
and, as such, shall give bond and take and subscribe the 
same oath of office as other justices of the peace, and, as 
such, shall be a conservator of the peace for said town, and 
shall have power and authority to administer oaths, issue power and au- 
writs and processes ; to take depositions and acknowledg- *^°"^y- 
ments of deeds, mortgages and other instruments of writing 
andcertifj^the sameasother justices of the peace; and he shall 
have exclusive jurisdiction of all cases arising under the ordi- 
nances of the corporation, and concurrent jurisdiction, power 
and authority arising in all cases whatsoever, with other 
justices of the peace, under the laws of this state, and shall 
be entitled to such fees for his services as shall be fixed by compensation 
town ordinance, and, when not so fixed, as other justices of and fees, 
the peace, in similar cases :• Provided, that upon the neces- 
sary oath being made by the defendant, as required by law 
governing justices of the peace, a change of venue shall be change of 
granted, in all cases, from the police magistrate of the town ^®°^®' 
to the nearest justice of the peace, who is hereby invefted, 
in such cases, with all the authority of the police magistrate, 
and he shall proceed to try the same : Provided, also, that 
in the event of absence, sickness, death or resignation of vacancy, 
the police magistrate, the next nearest justice of the peace 
of McLean county be invested with all the power conferred 
upon the police magistrate by the provisions of this act. 
• § 5. The town constable shall have the same power constable, 
and authority, rights, privileges and qualifications, shall 
have the same jurisdiction and be entitled to the same fees, 
and be liable to the same penalties, as constables now are or 
may hereafter be under the laws of this state, and shall be 
placed under such bonds, conditioned for the faithful per- 
formance of the duties of his office, as may be prescribed 
by ordinance of the corporation hereby created. 



324 TOWNS. 

Penalties lor ^ G. Ill casG tliG police magistrate shall at any time be 
nececto uty gQi[(;y ^f j3alj>al)le omission of duty or shall willfully or 
corruptly he guilty of corruptiou, of oppression, raalconcluct 
or partiality in the discharge of the duties of liis office, he 
shall be liable to be indicted in the circuit court of McLean 
county, and, on conviction,' shall be fined in any sum not 
exceeding two hundred dollars and removed from (iffice. 

ARTICLE IV. 

§ 1. On the first Monday of March, 1867, an election 
Time and place shall be held iu said town of Normal for live trustees, a 
offic^er?."^° ° police magistrate, a town constable; and on the first Mon- 
day of March of each year, forever thereafter, an election 
shall be held for the election of said trustees, who shall 
hold their offices for one year and until their successors 
shall be elected and qualified ; and, iorever thereafter, on 
the first Monday of March, every four years, an election 
shall be held for the election of a police magistrate and 
town constable, who shall hold their offices for four years 
and until their successors shall be elected and qualified ; 
which first election shall commence at ten o'clock, a. m., and 
close at four o'clock, p. m. of said day; and, for the pur- 
poses of said first election, the present board of trustees of 
the town of Normal and are hereby constituted corporate 
trustees for said town, 

§ 2. It shall be the duty of said board of trustees hereby 
Pubiieation of constituted, or auv two of them, toffive at least ten da vs' uotice 

election notice ,1 • ■> ■, • 1 i » • • i r« i *' 

ot the time and place oi holding said first election, by post- 
ing up notices in at least three of the most public places iu 
said town, to be judges of said first election, to appoint 
their own clerk, receive and canvass the votes, declare the 
result, furnish to each one of the persons elected a certifi- 
cate of his election, certify the votes for police magistrate 
and town constable to the clerk of the county court of 
McLean county, and lay the poll books of such election be- 
fore the board at its first meeting. All subsequent elections 
shall be held and conducted and returns made as may be 
prescribed by ordinance. 

§ 3. A failure to hold said first election on the first Mon- 

Faiiureu. hold day of March, ISOT, shall not work a forfeiture of this char- 
tei-, but said nrst election may be held on any day alter the 
first Monday of March, 1867, by giving ten days' notice, 
and conducting the same as prescribed in section two of ar- 
ticle four of this charter. 

§ 4r. If two or more persons shall receive an equal nuni- 

Ties. ber of votes for jjolice magistrate or town constable, the 

l)oard shall proceed to determine the same by lot; and when 
there sliall be a tie in the election of members of the town 
council the judges of election shall certify the same to the 



TOWNS. 325 

police magistrate, who shall determine the same, by lot, in 
such manner as shall be prescribed by ordinance ; and all 
contested elections shall be determined as prescribed by 
ordinance. 

§ 5. AI] persons who are entitled to vote lor state officers Qualification of 
'' and who shall have been actual residents of said town ^°**"* 
ninety days next preceding said election shall be entitled to 
vote tor said officers. 

A R T I C L E V . 

Of THK LEGISLATIVE POWERS OF TUE COUNCIL. 



§ 1. The town council shall have power and authority collection of 
to les^y and collect taxes upon all property, real and per- *"^''" 
sonal, within the limits of the towm, not exceeding ten mills on 
the dollar, upon the assessed value thereof, and may enforce 
the payment of the same in manner to be prescribed by 
ordinance, not repugnant to the constitution of the United 
States and of this state ; and the town council is hereby 
authorized and empowered to provide for the sale of per- 
sonal property for the taxes due thereon, as also for the sale 
of real estate for the taxes due thereon, in such manner as 
shall be prescribed by ordinance: Provided^ ih^t such ordi- 
nances are not inconsistent with the constitution of the United 
States or of this state. 

§ i2. The town council shall have power to appoint a 
clerk, treasurer, assessor, supervisor of streets, pound mas- 
ter, or masters, town weigher, and all other officers that 
may be necessary, and prescribe their duties, and to re- 
quire of all officers appointed in pursuance of this charter 
bonds, with such penalties and securities for the faithful 
performance of their duties as may be deemed expedient; 
also, to require all officers appointed, as aforesaid, to take an 
oath for the faithful performance of the duties of their re- 
spective offices, bef(>re entering upon the discharge of the 
same. 

§ 3. To appropriate money and provide for the pay- Town expenses 
ment of the expenses of the town. 

§ 4. To make regulations to secure the general health 
of the inhabitants of said town, and to prevent the introduc- 
tion of contagious diseases into the town. 

O 

§ 5. To provide the town with water, to sink and keep 
in repaii- wells and pumps in the streets, for the conve- 
nience of the inhabitants. 

§ 6. To open, alter, extend, grade or otherwise improve ^^1^*^,'^^'^^^' 
and keep in repair streets and alleys, and remove obstruc- 
tions therefrom, and to construct and keep in repair 
bridges. 

§ 7. To license, tax and re^i-ulate auctioneers, hawkers, ■?-t^Jl":.i^l*'' 

^ ^ 1 111 11 1 Isers, peddlers. 

teamsters, brokers, draymen, peddlers, pawnbrokers and etc. 
money-changers, and hackmen. 



326 



TOWNS. 



Miscellaneous 
provisions — 
licenses, etc. 



§ S. To license, tax, resnlate and suppress theatrical^ 
and other exhibitions, shows and amusements. 

§ 9. To provide for the inspection and weighing of hay, 
and stone-coal, measuring of charcoal, wood and other fuel^ 
sold in said town. 

§ 10. To provide for the extinguishment and preven-. 
tion of tires, and to oro;anize and regulate fire companies. 

§ 11. To regulate the fixing of chimneys and the flues 
thereof. 

§ 12. To regulate the storage of tar, pitch, rosin, gun- 
powder and other combustible materials. 

g 13. To prevent the running at large of dogs, and to 
provide for the destruction of the same when running at 
large contrary to ordinance. 

§ 14. To prevent the tiring of guns and other combus- 
tibles or firearms within the limits of said town. 

§ 15. To restrain, regulate or prohibit the running at 
large of cattle, horses, sheep, swine, goats and other ani- 
mals, and to authorize the distraining, impounding and 
sale of the same, and to prohibit any indecent exhibitions of 
horses and other animals. 

§ 16. To prevent horse-racing or any immoderate ri- 
ding or driving within the limits of said town of horses 
or other animals ; to compel persons to secure their horses 
or other animals attached to vehicles, or otherwise, while 
standing or remaining in any street or alley or public road 
in said town. 

§ 17. To establish and maintain a pablic pound or 
pounds and appoint pound master or masters, and prescribe 
his or their duties. 

§ 18. To define and declare what shall h6 deemed nui- 
sances ; to punish the authors thereof; to authorize and 
direct the summary abatement of nuisances and the removal 
of the same two miles from the boundaries of said town. 
Market!, etc. § 19. To crect markct-liouses *, to establish markets and 
market places, and provide for the regulation thereof. 

§ 20. To provide for inclosing, improving and regulating 
all public grounds. 

^ 21. To borrow money on the credit of the town; Pro- 
vided, that no sum or sums of money shall be borrowed at 
a greater rate of interest than ten per cent, per annum, nor 
shall the mterest on the aofsfree^ate of all sums borrowed and 
outstanding everexceedone-halfof the town revenue arising 
from taxes assessed on real ]jroperty within the limits of 
said corporation. 

§ 22. To regulate the election of town oflScers, and to 
provide for removing from office any person holding office 
created by ordinance. 

§ 23. To regulate the police of the town ; to impose 
penalties, fines and forleitures for the breach of any ordi- 
nance ; for recovery and appropriation of such fines and 



Town indebted- 
ness. 



Election regn- 
lationi. 



Police, etc. 



TOWNS. 337 

forfeitures, and for the enforcement of such penalties : Pro- 
vided^ that the right of trial by jury shall in no case be de- 
nied to any person charged with the breach of any of the 
provisions of this act or any ordinance. 

§ 2i. To provide for taking ennumerations of the inhab- census, 
itants of the town. 

§ 25. To tix the compensation of town officers, to regu- compensation, 
late the fees of jurors, witnesses and others, for services 
rendered under this act or by any ordinance. 

§ 26. To require railroad companies to construct and Railroad regu- 
keep in repair suitable crossings at the intersections of streets '**'°°-- 
and alleys, where the town council shall deem it necessary ; 
to prohibit and restrain railroad companies from doing 
storage or ware-house business or collecting pay for storage; 
to regulate the speed of locomotive engines within the town 
limits ; also, to regulate the running of horse railway cars 
or street cars, propelled by steam or otherwise; the laying 
down of tracks for the same, the transportation of passen- 
gers therein, and the kind of rail to be used within the town 
limits. 

§ 27. The town council shall have power to make and 
enforce all ordinances necessary and proper for carrying into 
effect all the powers specified in this act: Provided^ that 
such ordinances are not repugnant to nor inconsistent with 
the constitution of the United States or of this state. 

§ 28. The town council shall have power to provide for 
the punishment of offenders against the ordinances of said 
town, by imprisonment in the county jail not exceeding 
thirty days for any one offense, in all cases where the offen- ' 

ders shall fail or refuse to pay the fines and forfeitures which 
may be recovered against them. 

§ 29. To provide for the erection and improvement ol Town buildings 
all needful buildings for the use of said town. 

§ 30. To provide for lighting streets and erecting Lamps, etc. 
lamp-posts, to provide lamps therefor and regulate and 
control the lighting of the same. 

§ 31. To tax, restrain, prohibit and suppress tippling Disorderly 
houses, dram shops, gaming houses, bawdy houses and other 
disorderly and disreputable houses within said town, but 
not to license any house or place for the sale of intoxica- 
ting drinks of any kind as abeverage, 

§ 32. To regulate the inspection of butter, lard and 
other provisions. 

§ 33. The style of the ordinances of the town shall be, 0r4inance9. 
''''Beit ordained by the Toioii touncilof the Tovjn of Normal.'''' 

§ 34. All ordinances passed by the town council shall, Publication of. 
within one month after they shall have been passed, be 
published in some newspaper published in said town, or in 
some other way, to be provided by ordinance, in case no 
newspaper is published in the town, and shall not be in 
force until they shall have been published as aforesaid. 



328 TowKg. 



Proof of ordi- § 35. All ordiuances of the town may be proved by th^ 
tivioet. g^^i ^j. ^1^^ corporation, and, when printed or published ii 

book or pamphlet form, and purporting to be printed oj 
published by the authority of the corporation the same shai 
be received in evidence in all courts and places withouj 
further proof. 

ARTICLE VI. 

OP THE PRESIDEXT. 

Presiding Officer g ] ^he president shall preside at all meetings of th( 
town council, and shall have the casting vote, and no other ; 
and in case of his non-attendance at any meeting, the council 
shall appoint one of their number chairman, who shall pre- 
side at that meeting. 

Dutieiof. g 9. The president shall be active and vigilant in en- 

forcing the laws and ordinances for the government of the 
town ; he shall inspect the conduct of all the subordinate 
officers of the town, and cause negligence and positive vio- 
lation to prosecuted and punished. 

Exhibit books. g 3. He shall have power, whenever he may deem it 
necessary, to require of any officer of said town an exhibit 
of his books and papers ; and shall have power to do all 
other acts required of him by any ordinance made in pur- 
suance of this act. 

ARTICLE VII. 

OF PROCEEDINGS IN SPECIAL CASES. 

pTopirtj^^^fot § 1. Whenever it shall be necessary to take property 

public use. ^^j. Qpejjii^^ Qj. altering any public street or alley, the cor- 
poration shall make just compensation to the owners of 
such property, and pay or tender the same before opening 
such street or alley ; and in case the amount of such com- 
pensation can not be agreed upon, the police magistrate 
shall cause the same to be ascertained by a jury of six dis- 
interested freeholders of the town. 

§ 2. When all the owners of property on a street or 
alley proposed to be opened shall petition for the opening of 
the same, the town council shall provide for the opening or 

compennktion. altering the same, but no compensation shall be allowed to 
such (jwners for their property so taken. 

Kenefltt, etc. § 3. All jurors empannelcd to inquire into the amount 

of benefit or damages wiiich shall happen to the owners of 
property proposed to be taken for opening any street or 
alley, shall first be sworn to that efiect, and shall return to 
the police magistrate their inquest, in writing, signed by 
each juror : Provided, always, that in the assessment of 
such damages the jury shall take into consideration the 
benefit as well as injury happening to the owner of prop- 



TOWNS. .. 32i) 

erty proposed to be taken for opening or altering a street or 
alley by such opening or altering, 

§ 4. The police magistrate shall have power, for good Returns of in- 
cause shown, within ten days after any inquest shall have *^'^®'^''- 
been returned to him, as aforesaid, to set aside the same 
and cause a new inquest to be made. 

§ 5. The town council shall have power, by ordinance, special taxes. 
to levy and collect a special tax on holders of lots on any 
street or alley, or any part of any street or alley, according 
to the respective fronts owned by them, for the purpose ol 
grading or paving and otherwise improving such street or 
alley : Provided, that the tax shall in no case exceed one- 
half the expense of paving, grading or otherwise improving 
said street or alley. 

§ 6. The town council shall have power to cause all sidewalks, 
owners or occupants of premises to build side-walks and 
keep the same in repair in front of said premises, and, 
when not built according to the orders of the town council, 
to build and repair the same, and assess the costs thereof 
against said premises, and collect the same as other town 
taxes are collected. 

ARTICLE VIII. 

SCHOOLS AND SCHOOL FUXD. 

§ 1. The town of Normal, as hereby incorporated, and schoou. 
the several additions which may hereafter be made to said 
town, shall constitute a school district, and be known as 
" Normal School District.'' 

§ 2. The government of said district, for school pur- Board or educa- 
poses, shall be vested in a board of five persons, to be 
styled " The Board of Education of Normal School Dis- 
trict.'* 

§ 3. There shall be elected by the qualified voters of '^«™'^^' °®^^- 
said district, at the first election for town officers herein 
provided for, five persons, who shall constitute said board, 
and hold their offices for one, two, three, four and five 
years, respectively, and until their successors shall be 
elected and qualified. At the first meeting they shall draw 
lots for their respective terms of office for one, two, three, 
four and five years. And, thereafter, on the first Monday 
of Mcirch, annually, there shall be an election for the pur- 
po>je of electing one member of said board, who shall hold 
b^s office for five years and until his successor is elected 
4nd qualified. All vacancies in said board shall be filled vacancy 
at said annual elections ; but any vacancy happeniug be- 
tween the times of the regular annual elections, by death, 
resignation or removal from the district, shall be tilled by 
the remaining members of the board ; and the person so 
appointed shall hold the offioe till the next annual election 

\^ol. 111-42 



330 



TOWNS. 



Election of 
board. 



Name and style. 



Quarterly ses- 

BiUQS, 



Special meet- 
ings. 



Organization. 



Publishment of 
pioceedingij. 



Evidence of. 



Treasurer. 



and until his successor shall be elected and qualified. The 
meetings for said election of said member or members of 
said buard shall be notified and called, and the poll-book 
opened and kept, the votes canvassed and the returns made 
in the same manner as for election of other town otiicers : 
Provided^ that the ballot for a member or for members of 
the said board of education shall be upon a separate slip ot 
paper, and form no part of a ballot for other town ofiicers. 
In case of a tie in any election of members of said board, the 
judges of election shall decide the same, by lot, on the day 
of election or as soon thereafter as may be. 

§ 4. The said board of education shall be a body corpo- 
rate and politic, by the name and style of ''The Board of Edu- 
cation of Normal School District;" may have a common seal, 
and change the same at pleasure ; and as such may contract 
and be contracted with, sue and be sued, plead and be im- 
plead in and before any tribunal having competent juris- 
diction. 

§ 5. It shall be the duty of the said board to hold quar- 
terly sessions, on the second Monday in March, June, Sep- 
tember and December of eacli year ; and they shall meet, 
by adjournment, at such times as they may think proper ; 
and the president of the board or any two members thereof 
may call a special meeting of the board by giving a verbal 
notice of the time and place and object thereof, or by leav- 
ing a written notice thereof at the residence' of each mem- 
ber of the board. And, at all meetings, a majority of the 
board shall constitute a quorum for the transaction of busi- 
ness. Said board shall organize by appointing one of their 
number president ; and they shall also elect a clerk, who 
may be a member of the board, and treasurer, who shall 
not be a member of the board, who shall hold their respec- 
tive offices during the pleasure of the board, and until their 
successors shall be elected and qualified. The president 
shall preside at all meetings of the board at which he shall 
be present ; and it shall be the duty of the clerk to be pres- 
ent at said meetings, and to record in a book to be provided 
for that purpose all the official proceedings of said board; 
which records shall be public and open to the inspection oi 
any person interested ; and all said proceedings, when re- 
corded, shall be signed by the president and clerk, and a 
copy, certified by the clerk, shall be prima facie evidence 
of such proceedings in all courts and other places. If the 
president or clerk shall be absent, the board may appoint 
a president or clerk pro tern. The treasurer shall execute 
to ^aid board an official bond, with srood and sufficient secu- 
rities — such bond to be approved by the board — in such 
sums as the board shall determine, but to be, as nearly as 
can be ascertained, in double the amount of all moneys that 
will be likely to be at any one time in his hands, and con- 
ditioned for the faithful performance of his duties as trea- 
surer in safely keeping and promptly paying over alk; 



TOWNS. 331 

moneys which he ehall receive as such treasurer, as he 
shall from time to time be directed by order of the board 
or required by law so to do. He shall keep a true and 
accurate record, in proper books for that purpose, of all 
moneys received and paid out, for what purpose and upon 
what and whose account ; but he shall pay out no money 
except upon order of the board; and for all money paid 
out he shall take and file with the papers of his office proper 
vouchers, and he shall settle his accounts with the board at 
least once in each year, and oftener if the board should so 
require. 

§ C). ]S^o member of the board shall receive any com- compensation 
pensation for his attendance at the meetings of the board, officers' ^° 
nor for the performance of its ordinary duties; but for 
extraordinary services reasonable compensation may be 
allowed — the board to determine what are extraordinary 
services and the compensation therefor. The clerk and 
treasurer thall receive such compensation as the board 
shall prescribe. 

§7. The treasurer shall, under the direction of the custody of mo- 
board, demand and receive from the officer or officers hav- ^^^* ^^''• 
ing the custody thereof any interest or other money from 
any school fund or other source to which the JSTormal school 
district, or any part thereof, or the schools or other teachers 
therein would be entitled if this act had not been passed; 
and the money so received from such funds or sources shall Disposition of 
be placed in the treasury, to be used and expended, under ^^°'^^' 
the order and direction of the board, for the support of 
schools and for school purposes, in the same manner as 
other funds that shall come into the treasury by taxation or 
otherwise. 

§ 8. The said Normal school district shall be exempt Exemption. 
from the jurisdiction of trustees of schools in the township 
in which said Normal school district is located, so far as 
common schools are concerned ; and the school commis- 
sioner of McLean county shall, in the distribution of the 
school funds that may come into his hands, apportion so Apportionment 
much of the school fund as said Normal school district may 
be entitled to, upon a pro rata distribution of said funds 
among the several townships of said county, to the said 
Normal school district; and, upon the fihng of the bond of 
the treasurer of the said board of education, the said school 
commissioner shall pay over to the said treasurer the 
amount due said district. All taxes levied iu accordance 
with the provisions of this act, for school purposes, shall 
be paid over by the officers collecting the same to the treas- 
urer of the board of education ; and said board shall have control of 
the entire and exclusive control of all school funds of said s^^oo^^' ^*<=- 
Normal school district, or any part thereof, whether consist- 
ing of the portion of the school, college, seminary or town- 
ship fund belonging and to belong to said district, or any 



332 



TOWNS. 



\ 



part thereof, or derived from taxation, loaus or otherwise—"' 
to be used by them as provided by this act; and they may 
Gifts, etc. receive, by gift, grant, donation, devise, bequest or legacy, 

made for the use of any school or schools or library or other 
school purposes within their jurisdiction ; and they shall be 
and are hereby invested, in their corporate capacity, with 
Custody and the title, care and custody of all lots, lands, school houses, 
sale of prop- gghool libraries, apparatus and other property belonging or 
appertaining to the common schools of the said district, or 
any of them, with full power to control the same, in sucby 
manner as they may think will promote the interests of 
schools or the cause of education, and not inconsistent with 
the provisions of this act; and when, in their opinion, it 
may be for the interest of said district to sell any lot or 



ertv. 



tract of land or buildino: 



belonging to said district, 



or 



any 



IndebtednesB. 



part thereof, said hoard may sell and convey the same, in 
Conveyances, the name of the board; and all such conveyances, as well 
f-ontracts, etc, j^g ,^\] other conveyances, contracts and assignments of the 
board shall be executed by the president of said board; 
and all conveyances of real and personal estate and assign- 
ments of choses in action, which shall be made to said 
board, shall be made to said board in its corporate name ; 
and said board may purchase and hold such real estate and 
personal property as may be necessary for the establishment 
and support of schools, and such real estate as may be pur- 
chased under any sale, upon execution or decree, in favor of 
said board, or in satisfaction of any debts due said board, 
and at any time thereafter may sell and convey the same. 

§ 9. For the purpose of erectins: school houses and 
purchasing school sites, it shall be lawful for said board to 
borrow, at a rate ot interest not exceeding ten per cent, per 
annum, and issue bonds therefor, in sums not less than one 
hundred dollars; which bonds shall be executed by the 
president and clerk of said board, in the name of the board, 
and countersigned by the treasurer of the board ; and to 
secure the payment of said bonds said board may mortgage 
any part or the Avhole property belonging to said board. 

§ 10. The said board shall, on or before the first Mon- 
day in April in each year report to the town council of the 
said town of IS'orraal, in writing, respecting all moneys 
received, how and for what purpose expended, with the 
proper vouchers therefor, and give such other information 
in regard to said schools as they may deem important, 
6i)ecifying in said annual report the amount of money 
necessary to be raised by taxation for school purposes for 
the ensuing school year; and the said town council shall, 
annually, upon the coming in of such report or within 
thirty days thereafter, proceed to levy a tax sufficient to 
meet such expenses, according to the estimate of said board 
— said tax to bo levied and collected as other town taxes 
are levied and collected — upon all the taxable property in 



Piaa&cial 
porti. 



Expenses. 



TOWNS. ' 333 

said town : Provided^ said tax shall not for any one year 
exceed two per cent, of the taxable property of said town, 
according to its assessed value. 

§ 11. The said board of education shall have the entire control, etc 
management and control of all the common schools, and 
transact all business which may be necessary in relation to 
said common schools in said district, and shall have all the 
rights, powers and authority necessary for the proper man- 
agement of the schools and school funds, with the power to 
make all such rules, orders and requirements as they may 
deem necessary, to carry their powers and duties into effect 
and perfect a good system of public instruction and com- 
mon schools in said district. 

§ 12. Said board, at the end of each year of their term Annual state- 
of office, shall cause to be prepared and published a state- 
ment, exhibiting the condition of schools for the preceding 
year; which statement shall be substantially as follows, viz : 

First. — The whole number of schools which have been Number of 
taught in said year. '''^°^^"- 

Second. — What number of teachers have been employed Number of 
in each school, stating the name of each teacher, the time ^^^^ ^^^' 
employed, and the compensation paid. 

Third. — The whole number of scholars in all th'3 schools, ^^^j^®*^® '^f 
giving the number of males and females in each school, 
separately, and the average number in attendance during 
the year. 

Jt'ourth. — The amount of all funds received into the Receipts and ei- 
treasurv of the board durina: the vear, and the sources p^'^'^'*"^®^' 
whence derived, stating the amount received from each 
source. 

Fifth. — The amount paid out for salaries, rent, fuel, fur- 
niture, etc. 

Sixth. — The amount and kinds of unexpended funds on 
hand at the end of the year. 

Seventh. — A statement of the total amount received and 
the total amount paid out for school purposes during the 
year. 

§ 13. Said board shall have power and authority to Districts. 
divide said school district into two or more school districts, 
when, in the opinion of the board, it shall seem advisable. 

ARTICLE IX. 

MISCELLAXEOUS PROVISIONS. 

§ 1. The inhabitants of the town of JS'ormal are hereby Road labor. 
exempted from working on any road beyond the limits of 
the town, and from paying any tax to procure laborers to 
work on the same. 

§ 2. The town council shall have the power and it is street labor. 
hereby made its duty, when it may be necessary, for the 
purpose of keeping in repair the streets and alleys of said 



Vested property 



334 TOWNS. 

town, to require every able-bodied male inhabitant of said 
town, over twenty-one }■ ears of age and under fifty, to labor 
on said streets and alleys not exceeding three days in each 
year; and any person failing to perforin such labor, when 
duly notified by the supervisors of streets of said town, shall 
forfeit and pay the sum of one dollar and fifty cents to said 
town, for each and every day so refused and neglected. 
Annual state- § 3- '-The towu couucil shall causc to be published, annu- 
ments. q\\j .^ j\^\\ jjj,d couipletc Statement of all mone^^s received 

and expended during the preceding year, and on what^ 
account received and expended. 
Ordinances in § ^- ^^^ Ordinances and resolutions passed by the presi- 
force. (jent and trustees of the town of Normal shall remain in 

force until the same shall have been repealed by the town 
council hereby created, 
•uiuatiaw. § 5- -^^^ suits, actious and prosecutions instituted, com- 

menced or brought by the corporation hereby created shall 
be instituted, commenced and prosecuted in the name of 
the town of Normal. 
Prosecutions. § ^' ^^^ actions, fincs, penalties and forfeitures which 
accrue to the president and trustees of the town of Normal 
shall be vested in and be prosecuted by the corporation 
hereby created. 

J 7. All property, real and personal, belonging to the 
president and trustees of the town of Normal, for the use 
of the inhabitants of said town, shall be and is hereby 
declaied to be vested in the corporation hereby created. 
Invalidation of § ^- This act shall not invalidate any act done by the 
*ct. president and trustees of the town of Normal, nor divest 

them of any rights which have accrued to them prior to 
the passage of this act. 
Promulgation 01 § 9. The president and trustees of the town of Normal 
^^^•- shall, as soon as may be after the passage of this act, take 

measures to promulgate this law within the limits of the 
town of Normal, and issue their proclamation for the elec- 
tion of officers and cause the same to be published, by 
written or printed notices, at least ten days before the elec- 
tion of said town officers. 
Appeals. § 10. Appeals shall be allowed, in all cases arising 

under the provisions of this act or of any ordinance passed 
in pursuance of this act, to the circuit court of McLean 
county ; and every such appeal shall be taken and granted 
in the same manner and with like effect as appeals are 
taken from and granted by justices of the peace to the 
circuit court in similar cases, under the laws of this state: 
Prrytjided, that when the town shall appeal, a bond, filed by 
the clerk of the council, in the name of the town, shall be 
deemed sufficient to obtain an appeal. 
Vacation of of- §11. Whenever the police magistrate or town constable 
^"^ shall remove from the town, resign or die, and his. office shall 

otherwise be vacated, the town council shall immediately 



TOWNS. 335 

provide for filling of such vacancy by election : Provided^ 
that if such vacancy occur within three months of the 
next regular election of such officers the town council shall 
fill sucli vacancy. 

§ 12. The town constable or any other ofiicer authorized Processes, 
to execute writs or other process issued by the police mao-is- 
trate shall have power to execute the same anywhere within 
the limits of McLean county, and shall be entitled to the 
same fees as other constables in like cases. 

§ 13. All fines and penalties, recoverable by indictment Disposition of 
or action, for any offenses committed within the limits of aurescouecfted 
said town and which are not required by law to be paid 
into the county treasury or to the school commissioners of 
said county, shall hereafter be paid into the town treasury, 
for the use of said town. 

§ 14. Deeds of lands sold for taxes, heretofore made or Execution of 
hereafter to be made under any ordinances of said town, ^^®**^' *^'^- 
may be executed by the president of the corporation hereby 
created, and shall be acknowledged as other conveyances, 
and, when executed and acknowledged as aforesaid, they 
shall be deemed and taken, in all courts and places, di^ prima 
facie evidence of the existence and regularity of all such 
prior proceedings, as might otherwise be required to be 
proved in order to establish the title to the purchase; and 
such deed shall be evidence, as aforesaid, without any proof 
of any proceeding prior to the issuing thereof 

§ 15. The town council are hereby expressly and forever Liquor traffic, 
prohibited from granting license to any person or persons 
in said town of Kormal to sell, traffic, exchange, barter or 
give away any strong beer, wine, rum, gin, brandy, whisky 
or intoxicating liquors, drinks or beverages of any kind 
whatever, including Hostetter's Stomach Bitters, Plan- 
tation Bitters, Roback's Bitters, Red Jacket Bitters, 
Swain's Bourbon Bitters, or any other bitters of what- 
ever kind or name, containing intoxicating liquors; and 
no person shall be permitted to bring into the town or 
keep about his, her or their premises, saloon, cellar, dwel- 
ling, out house or in any other place, in said town, any of 
the above named drinks or intoxicating beverages, for the 
purpose of trafficking therein in any way whatever: Provi- 
ded^ the town council may grant license to two discreet 
persons, and no more, in said town, to sell wine or other 
spirituous liquors, for mechanical, medicinal and sacramen- 
tal purposes, only; and the said council shall have power, 
at any regular meeting, to revoke said license. Any per- penalties. 
son violating any of the provisions of this section shall for- 
feit and pay into the treasury of the corporation not less 
than twenty-five dollars nor more than one hundred dollars 
for each and every ofl'ense, to be recovered by action of 
debt before the police magistrate or other justice of the 
peace in said town; and in case any ofiender shall refuse 



336 TOWNS. 

or fail to pay such line or tines and costs, as may be 
adjudged against him, her or them, by said poHce magis- 
trate or other justice of the peace, then said offender shall 
forthwith be committed to the county jail for a term of not 
less than thirty days, unless said fine or fines and costs be 
sooner paid. 

Eridenceot ac. § 16. This act IS hereby declared a public act, and may 
be read in evidence in all courts of law and equity in this 
state, without proof. 

§ 17. All acts or parts of acts coming within the pro- 
visions of this charter or contrary to or inconsistent with 
its provisions are hereby repealed. 

§ 18. This act to take eflectand be in force from and after 
its passage. 

Approved February 25, 1867. 



Id lores March AN ACT to vacate Robinson street, in the town of Dunton, Cook county. 
T. 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Robin- 
son street, in the town of Dunton, Cook county, be and 
the same is hereby vacated. 

Appruved March 7, 1867. 



In force Feby AN ACT to change the name of the town of Jamestown, in Sangamon 
^' ^^^- county, Illinois. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Asseinbly, That the 

.Name changed name of the towu of Jamestown, in Sangamon county, 

Illinois, be and the same is hereby changed to that of 

'' Howlett." 

§ 2. This act shall be deemed a public act, and shall be 
in force from and after its passage. 

Approved February 28, 1867. 



TOWNS. 337 



AN ACT to incorporate the town of Sparland. In force March 

5, 18G7. 

Be it enacted hy the People of the State of • Illinois^ repre- 
Bented in the General Asse^nbly : 

ARTICLE I. 

Section 1. That the inhabitants and residents of the 
town of Sparland, in the county of Marshall and state of 
Illinois, be and thev are hereby constituted a body politic 
and corporate, by the name and style of "The Town of x^jame and styi* 
Sparland ;" and, by that name, shall have perpetual suc- 
cession ; and may have and use a common seal, which Powsrs. 
they may change and alter at pleasure ; shall have power 
to sue and be sued, plead and be impleaded, in all courts 
and places whei-e justice is administered, in ail actions what- 
ever ; to purchase, receive and hold property, both real and 
personal, within and beyond the limits of said town, for the 
burial of the dead, and for other corporate purposes ; to 
sell, lease and convey property, real and personal, for the 
use of said town ; to protect and dispose of any such prop- 
erty as the public good may require. 

§ 2. The boundaries of said town shall include within Boundaries, 
their limits all of that district of country known and de- 
scribed as follows, viz : Beginning at the north-west corner 
of the south-east forty (iO) of the south-west quarter of sec- 
tion eleven (11) ; thence south to the south-west corner of 
the north-east forty (40) ^ of the south-west quarter of sec- 
tion of fourteen (14) ; thence east to the south-east corner 
of the north-west forty (40) of south-east quarter of section 
fourteen (14) ; thence north to the north-east corner of the 
south-west forty (40) of the south-east quarter of section 
eleven (11) ; thence west to the place of beginning, in 
township STo. twelve (12) north, of range Ko. nine (9) east 
of the fourth principal meridian, being one mile long and 
one-half mile wide, * 

§ 3. Whenever any tract'of land adjoining the town of 
Sparland shall be laid off into lots and recorded according to 
law, the same shall be annexed to and form a part of the 
town of Sparland. 

ARTICLE II. 

§ 1. The government of jsaid town shall be vested in Qualified 
five trustees, to be elected annually by the qualtied voters of ^^^^^*®^* 
said town, on the first Monday of April, 18H7, and annu- 
ally on that day thereafter ; and no person shall be a trustee 
of said town who has not attained the age of twenty-one 
years, and who has not resided in said town one year next 
preceding an election, and is not a citizen of the United 
States, and who is not a freeholder in said town. And the 
Yol.ni-~43 



838 



TOWNS. 



President. 
Vacancies. 



Proviso. 



Returns and 
elections. 



Quorum, 
fijsentees. 



Oath of office. 



Mestlogs. 



said trustees shall, at the first annual meetins^ after election, 
proceed to elect one of their number president ; and shall 
have power to till all vacancies, bj appointment, in said 
board, which muj be occasioned by death, resignation or 
removal : Provided,, the vacancy shall not exceed three 
months. 

§ ^. The board of trustees shall determine the qualifi- 
cations of the'r own members, and all cases of returns and 
elections of their own body. A majority shall constitute a 
quorum, but a smaller number may adjourn from time to 
time and compel the attendance of absent members, under 
such penalties as may be prescribed by ordinance. Shall 
have pinver to determine the rules of their own proceed- 
ing's, punish members for disorderly conduct, and, with a 
concurrence of three- fifths, expel a member. 

§ 3. Each of the trustees shall, before entering ufK)n 
the duties of his utiice, take an oath to perform the duties 
thereof to the best of his knwledge and ability, and support 
the constitution ot the United States and of this state. And 
tlieie f^hall be at least one regular meeting of said trustees on 
the first Monday in each month, and at such place as may 
be prescribed by ordinance. 



ARTICLE III. 



dgibiUtj of. 



flow commis- 

•toned. 

O&thof ofQce. 



Election of ^ § 1. There shall be elected in the town of Sparland, by 

prMce mag.s- ^.j^^ (qualified voters thereof, on the first Monday of April, 
1>67, a police magistrate, who shall bold his ofiice for 
the term of four years, and until his successor is elected 
atid qu tlified. Said successor shall be elected on the first 
Monday of April, 1870, and every four years forever there- 
after. 

§ 2. Ko person shall be elected police magistrate or 
town constable, unless he is eligible to the ofiice of trustee 
of said town. 

§ 3. The police magistrate shall be commissioned by 
the governor as a justice of the peace, and as such shall 
give bond and take and subscribe the same oath of ofiice as 
orher justices of the peace, and, as such, shall be conserva- 
tor of the peace for said town, and he shall have exclusive 

lurisdicUon of. jurisdic'i'ii of all cases arising under the ordinances of the 
corporation, and concurrent jurisdiction, power and au- 
th(»iity arising in all cases whatsoever with other justices of 
the peaee under the laws of this state, and be entitled to 

•"ees. the same fees : Provided^ that upon the necessary oath 

beiiiiT made by the defendant a change of venue shall be 
grarited in all cases from the police magistrate of the town 
to the nearest acting justice of the peace in the county of 
MMrt^hall, who is hereby invested in such cases with all the 
autliMrity of the p lice magistrate, and shall proceed to try 

rroTiso. the same : Provided^ also, that in the event of the death, 



TOWNS. 339 

sickness or absence of the police magistrate, the nearest jus- 
tice of the peace of the said county be invested with all the 
powers conferred upon the police magistrate by the provi- 
sions of this act. 

§ 4. ' The town constable shall have the same powers constabie- 
and authority, rights, privileges and qualifications, and p^^®"^^- 
shall have the same jurisdiction, and be entitled to thepeesof. 
same fees, and be liable to the same penalties, as constables Penalties of. 
now are or may hereafter be under the laws of this state, 
and shall give a bond conditioned for the faithful perform- Bonds of. 
ance of the duties of his office, as may be prescribed by ordi- 
nance of the corporation hereby created. 

ARTICLE IV. 

§ 1. On the fii'st Monday in April, 1867, an election Election of tnw- 
shall be held in said town of Sparland for five trustees and Sies^^ ^"°' 
one town constable, and on the first Monday in April in 
each year, forever thereafter, an election shall be held for 
the election of five trustees and one town constable, who 
shall hold their office for one year and until their succes- 
sors are elected and qualified. Said election shall com- 
mence at the hour of ten o'clock a. m., and close at the 
hour of four o'clock p. m. of said day ; and for the purposes 
of said first election, C. F. Hitchcock, M. B. Wright, Wm. First trustees. 
M. Eonham, J. M. Callen and John G. Cotton are hereby 
constituted corporate trustees for said town. 

§ 2. It shall be the duty of said trustees, or any two of Notice of 
them, to give at least ten days' notice of the time and place *^*^'^^'^'^- 
of holding any election for trustees, or for any other officer 
of said town, by posting up [notices] in at least three public 
planes in said town, to be judges of elections, to appoint 
their own clerks, receive and canvass the votes, declare the cierksof. 
result, furnish to each one of the persons elected a certifi- certificates ef. 
cate of his election, certify the result of the election for 
police magistrate and town constable to the clerk of the 
county court of Marshall county, and lay before the board 
the poll books of elections at its first meeting after an elec- 
tion. 

§ 3. If two or more persons shall receive an equal num- Ties, 
ber of votes for any office under the corporation, it shall be 
the duty of the clerk of the election to serve them with a 
written notice of such tie vote, and, after such notice, 
they shall meet and decide, by lor, within five days 
from the day of election ; and all contested elections shall 
be detei-mined as prescribed by ordinance. 

§ 4. All persons who are entitled to vote for state and Qualified Toter« 
county officers under the laws of this state and have resided 
in said town thirty days next preceding an election shall be 
entitled to vote for all officers to be elected under the pro- 
visions of this act. ' 



5^0 TOWNS. 



ARTICLE V, 



Taxes 



g 1. The board of trustees shall have power to provide 
by\irdinaiice for levving and collecting taxes for dty pur- 
poses, not to exceed iifty cents on the hundred dollars' valu- 
ation; and until they do so provide the tax, not exceeding 
said sum, shall be assessed and collected by the same 
iissessor and collector whose duty it shall be, by general 
law, to assess and collect the state and county tax for town- 
ship twelve (12) north, range I^o. nine (9) east, in said 
county of Marshall. It shall be the duty of the board of 
trustees to certify to the clerk of the county court, as soon 
as convenient after the assessment is made in each year for 
state and county purposes, of the rate per cent, of taxation 
levied by them for general revenue purposes for said year 
together with a list of all tax payers residing within the 
corporate limits of said town ; and it shall be the duty of 
said county clerk to extend said tax upon the books of the 
assessor and collector, in the same manner that he is now 
required by law to carry out and extend the district school 
tax against the name of each tax payer owning property in 
said town ; and said tax shall be collected in every respect 
and the collection thereof enforced in like manner and with 
like remedies as the state and count}^ tax, and shall be paid 
over by the collector to the treasurer of said town at the 
same time that the county revenue is required to be paid 
over to the county. Any court which shall order judgment 
in Marshall county against lands and lots in said town for 
non-payment of taxes due the state and county, shall, at the 
same time, include in the same judgment any and all taxes 
which may be due said town. The clerk of the county 
court shall receive one per cent, on the amount of tax col- 
lected in said town for his services in extending and adding 
said tax on the assessor and collector's books. The collec- 
tor shall receive the same compensation which may be 
allowed by law for the collection of state and county taxes, 
and shall be liable, on his official bond, for the payment of 
all such town or corporation tax by him collected. 

Apptintment of § 2. The board of trustees shall have power to appoint 

officers. ^ clerk, treasurer, street commissioner, pound master, weigh 

master, and all other officers that may be necessary, and 
prescribe their duties, and require of the treasurer, police 

Bond« of. magistrate and town constable bonds, with penalties and 
securities, for the faithful performance of their duties ; also, 

Oath of office, to roquirc all officers appointed as aforesaid to take an oath 
for the performance of the duties of their respective offices, 
before entering upon the discharge of the same. 

Sanitary meas- | 3. To make regulations to secure the general health 
of the inhabitants of said town ; to prevent the introduction 
and spread of contagious diseases ; Xo make laws for that 



urei. 



TOWNS. 341 

purpose and enforce the same within one-half mile of said 
town. 

§ 4. To provide the town with water ; to sink and keep water priTi- 
in repair wells and pumps in the streets, in such [)laces as ^^^es- 
thej shall think best tor the convenience of the inhabi- 
tants. 

§ 5. To open, alter, extend, grade or otherwise improve street repau-s. 
and keep in repair streets and alleys and remove obstructions 
therefrom, and to construct and keep in repair bridges. 

§ 6. To license, tax and regulat^e hawkers, auctioneers. Hawkers, bro- 
teamsters, brokers, peddlers, exhibitors, shows and amuse- ^^^^J-^'P^^'^'^'^s, 
ments. 

§ 7. To license tax and regulate or prohibit the selling. Liquor traffic, 
exchanging and traffic of any wine, rum, gin, brandy, whis- 
ky, ale, porter, beer, cider or other malt, mixed or intoxi- 
cating liquors within the limits of said town, and within 
one-half mile of said town : Provided^ that no license shall Proviso, 
be granted to extend beyond the period when the succes- 
sors to the board granting the same shall be elected and 
qualified. 

§ 8. To provide for the extinguishment and prevention Fire and fire 
of tires ; to organize and regulate fii'e companies. companies. 

§ 9. To regulate the storage of blasting and gunpowder, storage of aom- 
tar, rosin, pitch and other combustible materials. bustibies. 

§ 10. To prevent the running at large of dogs, and pro- Dogs, 
vide for the destruction of the same when runnino: at larg^e 

T on 

contrary to ordinance. 

§ 11. To restrain, regulate or prohibit the running at Animals at 
large of cattle, horses, mules, swine and goats, and to au- ^''*'°*" 
thorize the distraining, impounding and sale of the same, 
and to prohibit the indecent exhibition of horses and other 
animals. 

§ 12. To prevent the firing of guns and other combus- Disorderly, 
tibles or fire arms within the limits of the town ; to prevent 
and restrain lewd and unbecoming, protane or indecent lan- 
guage or other disorderly conduct in said town. 

§ 18. To prevent horse-racing or other immoderate ri- Horse racing, 
ding or driving of horses or other animals within the limits ^'^^'^s ^i^^ t*"- 
of said town ; to compel persons to secure their horses and 
other animals attached to vehicles or otherwise, while stand- 
ing or remaining in any street or alley or public road in 
said town. 

§ 11. To define and declare what shall be deemed nui- Nuisances, 
sances, to punish the authors thereof, to authorize and direct 
the summary abatement of nuisances, and the removal of 
the same one mile from the boimdary of said town. 

§ 15. To regulate the election of town ofiicers, and to Elections. 
provide for removing from office any person holding office 
created by ordinance. 

§ 16. To provide for taking the enumeration of the Census. 
inhabitants of the town. 



34:2 



TOWNS. 



^Bulfeif'"''' §, ^* ? ^^ ^^^ compensation of officers of the town, 
and to regulate the tees of jurors, witnesses and others for 
services rendered under tliis act, bv ordinance. The trus- 

^fro'^oTtax. ^®^'.^*' ^^^1^' ^^^'" s^''^^^ ^e exempt from poll-tax, and serving 
on juries m cases arising under any ordinance of t'iis town 

Calaboose. § 18. The board of trustees shall have power to erect* 

m the town of SparLmd, a calaboose, for the conlinement 
and punishment of person.^ guilty of the violation of the 
ordinances of the corporation herebv created, and for the 
purpose of conHning pei-sons under arrest for the violation 
ot ordinances of the corporation, when trial is delayed or 
penaing. 

iiepairs ofr.iii- § 19. To require railroad com})anies to construct and 

roaci cros*inffs 1 * * • i i • ^-'^Ji-I>-^/l. n^^u ctuv* 

^ ixeep in repair suitable crossings at the intei section of streets 
and alleys, when the board shall deem necessary, and to 

""m^nvef '"""' f.^^^^^'^^^ ^^^e speed of locomotive engines within the town 
limits. 

^aoceT^'''^'- t ^^•. '-^'^^^ ^^^^^ ^f trustees shall have power to make 
ana entorce all ordinances necessary to preserve good order, 
government and harmony in said town ; and punish offen- 

Lmes^and pen- ders, by line Or imprisonment, or both, in the town cala- 
boose, or by work on the streets in said town, at the rate of 
one dollar per day, in all cases where such offender shall 
fail or refuse to pay the fines and forfeitures which may be 
recovered against them : Provided, that such ordinances are 
not inconsistent with the constitution of the United States 
or of this state. 

^ordmance''. °^ r ^n^^* ^'^} ^^^inanccs passcd by the board of trustees 
shall be published in a newspaper in the town of Sparland, 
or be posted up in at least three of the most public places 
in the town, for the space of ten days before they shall take 
enect or be enforced. 

^Xce's' "'''" ,, \ -^' The style of the ordinances of the town shall be, 
Be It ordamedby the President and Trustees of the Town 
of Sjjarland!'^ 

Proof of ordi. § 23. All Ordinances may be proven by the seal of the 
corporation, and, when printed or published in book or 
pamphlet form, purporting to be printed or published in 
book or pamphlet form by authority of the corporation, the 
same shall be received in evidence in ail courts and places, 
witout further proof. 



nances 



ARTICLE VI 



^officer"" , ^ }• '^^'^ l>resident shall preside at all meetings of the 
casungvote. board, and shall have the casting V(jte, and no other. His 
Protem. ^gj^.^ ^Y\2M be filled by appointment, j!?w tern, when absent, 

gpec'i meetings § 2. The president or any two members of the board 

may call special meetings of the board, 
^^ciunt'/, etc. , ^ ^- T^^e president shall have power, when he shall 

deem it necessary, to require of any officer of said town an 



Towiis. 343 



exhibit of his books and papers, and shall have to do all 
other acts required of him by any ordinances made in pur- 
suance of this act. 



ARTICLE VII. 

§ 1. When it shall be necessary to take private prop- Taking private 
erty for opening or altering any street or alley the corpora- pibhc^plirpo^ 
tion shall make just compensation to the ovrner or owners of 
such property, and pay or tender the same before opening 
or altering such street or alley; and, in case the amount of 
such compensation can not be agreed upon, the police magis- 
trate shall cause the same to be ascertained by a jury of 
six disinterested free-holders of the town. 

§ 2. Whenever all the owners of property on any street petitions for 
or alley shall petition, the board of trustees shall open or ai^^^etions, etc. 
alter the same, but no compensation shall be allowed to the 
owners for property so taken. 

§ 3. All jurors empanneled to inquire into the amount Benefits and 
of benefits or damages which shall happen to the owners of ^*™^ses. 
property proposed to be taken for the opening or altering 
any street or alley, shall first be sworn to that effect, and 
shall return to the police magistrate their inquest, in writing, 
signed by each juror: Provided^ in the assessment of such 
damao;es they, the jury, shall take into consideration the 
benefits as \vell as the injury happening to such property or 
to the owners thereof by such opening or altering. 

ARTICLE YIII. 

§ 1. The inhabitants of the town of Sparland are hereby Exemption 
exempted from working on any road beyond the limits of f^o^i'oa^iab'r 
the town. 

§ 2. The board of trustees shall have power and it is street labor. 
hereby made their dut}^, when it may be necessary for the 
purpose of keeping in repair the streets and alleys of said 
town to require every able-bodied male inhabitant of said 
town, over twenty-one years of age and under fifty, to labor 
on the streets and alleys, not exceeding four days in each 
year ; and any such person failing to perform such labor, 
when duly notified by the supervisor of streets of said town, 
shall forfeit and pay the sum of two dollars to said town 
for each day so neglected or refused : Provided^ the person proviso, 
notified to perform labor on said streets and alleys shall be 
allowed to procure a substitute equally able as himself, or 
commute by paying to the street supervisor, within twenty- 
four hours from the time of notice, the sum of one dollar 
and fifty cents per day for each day assessed. 

§ 3. All ordinances and resolutions now in force shall or<iina^ce3*o 
remain in force until the same shall have been repealed. ^^^^^^ 



3i4: TOWNS. 

Appeals aiiovred § 4. Appeals shall be allowed in all cases arising under 
the provisions of this act or of any ordinance passed in pur- 
suance of this act to the circuit court of Marshall county; \ 
and every appeal shall be taken and granted in the same 
manner and with like effect as appeals taken from and 
granted by justices of the peace to the circuit court in sim- 

Proviso. ilar cases : Provided^ that when the town shall appeal, a 

bond,' tiled by the clerk of the board, in the name of the . 
town, shall be deemed sufficient to obtain an appeal. 

Suits atiaw. § 5. All suits, actious and prosecutions instituted, com- 

menced or brought by the corporation hereby created shall , 
be instituted, commenced and prosecuted in the name of 
the town of Sparlaud. 

Vacancy. § 6. Whenever the police magistrate or town constable 

shall rerftove from the town, resign or die, or his office shall 
otherwise be vacated, the board of trustees shall immedi- 
ately provide for tilling such vacancy by election. 

Use offiues.etc § 7. All tiues and forfeitures that may be recovered for 
any breach of the ordinances of said town or that may be 
received for licences granted under the ordinances or laws 
of said town, shall be used for town purposes. 

This act shall be deemed a public law and be in force 
from and after its passage. 
Approved March 5, 1867. 



In force March AN ACT to reduce the several acts relating to the town of Hyde Park, in 
6, 1867. Cook county, into one act, defining the limits of said town, and the 

powers and duties of the officers thereof. 

Section 1. Beit enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That all 

Boundaries. that territory in the county of Cook and state of Illinois, 
bounded on the north by the city of Chicago, on the west 
by the west line of sections three (3), ten (lO), fifteen (15), 
twenty-two (22), twenty-seven (^27) and thirty-four (34), in 
townships thirty-seven and thirty-eight north, range fourteen 
east of the third principal meridian ; on the south by the 
township line between townships thirty-six and thirty-seven 
(37) north, ranges fourteen (14) and (15) east of the third prin- 
cipal meridian,- jmd on the east by the state of Indiana and 

Name and pow- Lake Michigan, shall form and constitute " the Town of 
Hyde Park," which said town shall be a body corporate 
and politic, and shall have and exercise all the powers and 
privileges in this act set forth. 

Offices »boii»h'd § 2. The offices of commissioners of highways and over- 
seers of highways, in the town of Hyde Park, as constituted 
prior to the passage of this act, are hereby abolished, and the 



TOWNS. 345 

supervisor, assessor, collector, town clerk, justices and con- offiees eontinu- 
stables, and overseer of the poor, of said town, shall continue ^ ' 
in office, and ibr the term for which thej were respectively 
elected ; and they and their successors shall exercise the 
pow3rs and perform their duties in and about the territory 
hereby forming said town of Hyde Park, in the same man- 
ner as before the passage of this act, except as otherwise 
provided by this act. 

§ 3. From and after the passage hereof, and until the Election for 
next annual town meeting, the supervisor, assessor, col- *'^^^"- 
lector, and the two commissioners of highways, having the 
longest and shortest tenns to serve, shall constitute the 
board of trustees oi said town. At the next annual elec- 
tion there shall be elected by the legal voters of said town 
four trustees, who, together with the supervisor, assessor 
and collector, shall thereafter constitute the said board. 
Two of said four trustees shall hold their offices for two 
years and two of them for one year; and they shall deter- Long and short 
mine, by lot, in the presence of the board, which shall ^^^™" 
serve the long and which the short term ; and there shall 
be elected annually thereafter two trustees, who shall hold 
their offices for two years. 

§ 4. Until the next annual town meeting, the present Organization, 
board of trustees ot said town shall continue to be organ- 
ized, as at the present, with the addition of said two road 
commissioners ; and the supervisor and collector shall be 
liable on their respective bonds, as now provided by law. 
Upon the election of the four trustees, as provided above, 
and annually thereafter, the said board shall elect from their 
number a president: Provided^ that neither the supervi- president, 
sor, assessor or collector shall be eligible to such office of 
president. He shall preside at the meetings of the board, 
and preserve order ; but the board may, in his absence, 
elect a chairman ^r6> tern. The town clerk shall be the Duties of clerk, 
clerk of said board, and it shall be his duty to keep correct 
minutes of all their proceedings. He shall also record, in 
a book to be kept for that purpose, all the orders, ordi- 
nances, regulations or by-laws passed by said board of a 
police or sanitary character ; and, also, he shall record in a 
separate book, to be kept for that purpose, all orders for 
special assessments ; which said records shall be open to 
inspection to any inhabitant of said town. The said board 
are hereby authorized to adopt a common seal, which shall 
be the seal of the town ; and a certified copy of any order, 
ordinance or proceeding of said board, under the hand of 
the clerk and the seal of the town, shall be evidence in all 
courts and places of the trnth of the matter therein stated. 

§ 5. The assessor shall be the commissioner of special Duties of 
assessments, and perform the duties required of such officer 
by the terms of this act. The supervisor shall be the 
treasurer of the town, and shall receive and hold all moneys 



346 



TOWNS. 



Duties of 
coUector 



Quorum. 



Committees, 



belonging to the town arising from generator special taxes 
special assessments, fines, penalties, or otherwise ; and he 
shall, npon entering npon the duties of his office, execute 
a bond to the town of Hyde Park, in such sum and with 
such sureties as shall be determined by the board, condi- 
tioned that he will faithfully account for all moneys that 
mav come into his hands, aad will pay the same c»ver pur- 
suant to the provisions of law or the order or resolutions of 
the board, and that he will faithfully perform the duties of 
his office. It shall be his duty to keep a correct account 
of all moneys received and paid out by him, and when re- 
quired to furnish from time to time to the board a state- 
ment ot the moneys in his hands. 

§ 6. The collector shall, upon entering upon the duties 
of \is office, execute a bond to the town of Hyde Park, in 
such sum and with such sureties as the board shall deter- 
mine, conditioned that he will well and truly pay over and 
account for all moneys that may come into his hands as 
collector to the party, or parties entitled thereto, and that 
he will faithfully discharge the duties of his said office. 
Any person, corporation, county or other body or officer, 
who shall be entitled to receive any such moneys, may 
have and maintain an action in the name of the town of 
Hyde Park, to the use of such person, corporation, county 
or other body or officer, against the said collector and his 
sureties on said bond, to recover the amount so due. 

g 7. A majority of said board shall constitute a quorum 
for business ; and 'the said board are authorized to make 
rules and regulations for their government and order of 
business, and may appoint such standing or special com- 
mittees as they shall deem proper. They may hold meet- 
ings, from time to time, as they shall determine by their 
ruTes, and may adjourn the same, and may hold special 
meetings, when the president or any two members shall 
tile with the clerk a written request for a special meeting ; 
and the clerk shall thereupon give each member of the 
board at least three days' notice, in writing, in such manner 
as the board, by its rules, shall determir.e. Each member 
of said board shall, before entering upon the duties of his 
office, take an oatli that he will perform the duties of 
his office impartially, and according to the best of his abili- 
ties. 
Appropriations. | 8. The board of trustees may, from time to time, ap- 
propriate so much money as they shall deem necessary for 
the purpose of making the improvements which they are 
authorized by this act to make, and in carrying out the 
provisions hereof, and their orders, by-laws, resolutions or 
ordinances ; and such amounts shall be deemed a tax on 
c«rtif5ed itate- the taxable property of said t(jwn. It shall be the duty of 
""^ ''^' the clerk of said board to file with the county clerk of Cook 

county a certified statement of the amount appropriated by 



Oath of office. 



TOWNS. 347 

said board, as aforesaid, and the county clerk shall include Town tax. 
such amount under the head of " town tax," in the next 
general warr oi issued by him for the collection of state 
and county t{..-js in the said town of Hyde Park ; and the 
same proceedings, in all respects, shall be had fur the col- collection of. 
lection of the same as is now provided by law tor the col- 
lection of state and county taxes; and in no other manner 
nor by any other vote or authority shall money be appro- 
priated or collected, except in cases of special assessment, 
as hereinafter provided. 

§ 9. No money shall be paid out by the treasurer of Payment of 
said town unless the same shall have been ordered by the ™^"^^- 
board, and then only upon a warrant drawn on him by the 
clerk, countersigned by the president; and it shall be the 
duty of the clerk to keep an account of all such warrants 
drawn by him. The said board shall, at the annual elec- Reports. 
tion, present to the voters a printed report showing the 
amount of moneys ordered and collected, and from what 
sources derived, and the manner in which the same have 
been disbursed. No member of said board shall be inter- contracts. 
ested in any contract made with them for the purpose of 
making any of the improvements contemplated by this act, 
nor shall the supervisor or collector be entitled to a vote in vote of super- 
said board on any question regarding their respective offi- J'ector.^"^ *^"^' 
cial bonds. 

§ 10. No vote of the board shall be rescinded or recon- Re-eonsiderafn 
sidered at a special meeting, unless at such special meeting 
there be present as large a number of members as were pres- 
ent when such vote was taken. Upon the passage of all or- Ayes and nuys. 
ders, ordinances or resolutions appropriating or ordering the 
payment of money, imposing taxes or for special assessments, 
the yeas and nays shall be called and entered on the record ; 
and the yeas and nays shall, in like manner, be recorded, 
whenever called for by any member, on any question be- 
fore said board. The members of said board shall be enti- Compensation. 
tied to receive the sum of two dollars anc^ fifty cents for 
each day's attendance at the meetings of th\^ board, to be 
certified to by the clerk. 

§ 11. The said board shall have, subject to the provisions Powers of board 
of this act, the general management and control of the 
finances and all the property, real, personal and mixed of 
the town, and shall likewise, have power, within the territory 
aforesaid, by ordinance, regulation or by-law — 

I'irst. -To restrain and prohibit all descriptions of gaming Gaming. 
and fraudulent devices, and all playing of dice, cards and 
other games of chance, with or without betting. 

Second. — To regulate and license the selling or giving Liquor traffic, 
away of any ardent spirits by any shop-keeper, grocer, 
trader or other person, to be drunk in any shop, store, gro- 
cery, outhouse, yard or other place in said town. 



'AS 



TOWNS. 



Tavern keepers 
grocers, etc. 



Billiards, etc. 
Licenses. 



Proviso. 



Disturbanoes. 



Disorderly 

houses. 



Nauseous and 
offensive es- 
tablishments. 



Cattle at lar{e. 



Dogs. 



Diseas««. 



Streets, alleys, 
etc. 



Pablin pounds. 
Trees, etc. 



Nuisances. 



Breweries, tan- 
neriesj etc. 



Third. — To license and regulate and restrain taveri 
keepers, grocers and keepers of ordinaries or victualing o| 
other houses, gardens or places for selling ^^ giving away 
wines or other liquors, whether ardent, vinous or fermented. 

Fourth. — To license and regulate billiard tables, pin alieys, 
nine or ten pin alleys, ball alleys and shooting galleries. 

J'ifth. — To authorize the president of the board to grant 
license, and direct the manner of issuing the same, and tho 
registry thereof, and fees to be paid therefor : Provided^ thai 
no license be granted for more than one year. Bond may 
be taken, payable to the town, on the granting of license,, 
for the due observance of the ordinances or regulations o% 
the board : Provided^ that not more than one hundred dol- 
lars per year be charged for any license granted under this' 
act by said board. 

Sixth. — To prevent any riot or noise, disturbance or dis- 1 
orderly assemblage. 

Seventh. — To suppress and restrain disorderly houses and 
groceries and houses of ill-fame, and to authorize the de- 
struction and demolition of all instruments and devices 
used for the purpose of gaming. 

Eighth. — To compel the owner or occupant of any gro- 
cery or celler, tallow chandler shop, soap factory, tannery, 
or other unwholesome, nauseous house or places, to cleanse, 
or remove or abate the same, from time to time, as often as* 
may be necessary for the health, comfort and convenience' 
of the inhabitants of said town. 

Ninth. — To restrain, regulate or prohibit the running at 
large of cattle, horses or other animals, and to authorize the 
distraining, impounding and sale of the same for the pen- 
alty incurred and the cost of proceedings, and also to im-j 
pose penalties on the owners of every such animal for a' 
violation of every ordinance in relation thereto. 

Tenth. — To prevent and regulate the running at large oli 
dogs, to tax, and to authorize the destruction of the same! 
when at large contrary to the ordinances. 

Eleventh. — To make regulations to prevent the introduc- 
tion or spread of contagious diseases in the town. 

Iwelfth. — To control and regulate the streets, alleys, and 
other public places, and abate any obstructions, encroach- 
ments or nuisances therein. 

Thirteenth. — To establish and regulate public pounds. 

Fourteenth. — To direct and regulate the planting and 
preserving ornamental trees in the streets and public 
grounds in said town. 

Fifteenth — To determine and abate all nuisances, which 
are or may be injurious to the public health, many manner 
they may deem expedient. 

Sixteenth. — To regulate, restrain, prohibit or license brew- 
eries, tanneries, packinghouses, distilleries, slaughterhouses, 



TOWNS. 34:9 

butcher sliops, stock yards, or establishments for the steam- 
ing or rendering of lard, tallow, offal, and such other sub- 
stances as can or may be rendered, boiled and steamed ; and 
all establishments or places where any nauseous, offensive, 
unwholesome or immoral business may be carried on. 

Seventeenth. — To restrain and prohibit the deposit of any offensire 
night-soil, dead animals, manure or other filthy, offensive or substancea. 
nauseous substances upon any lot, street, alley, highway or 
other place in said town. 

Eighteenth. — To restrain, prohibit and punish, by fine or Defacing prop- 
imprisonment, or both, the cutting, destroying, marring or ®^^^* 
defacing any shade tree or ornamental shrub, or other tree, 
upon any street, highway or other public place, and to 
restrain and prohibit the defacing of any depot or other 
building, and to prevent thewriting of bawdy or indecent 
words or the making of obscene pictures in such depot ur 
other buildings. 

Nineteenth. — To regulate, restrain [and] prohibit shooting Firearms. • 
or discharge of fire-arras in said town. 

Tioentieth. — To punish all persons who shall resist any ResisUng 
officer of said town or policeman or other officers or agents 
appointed by said board in the discharge of his official duties. 

Twenty-first. — To make, publish, ordain, amend and re- By-laws, 
peal all such orders, ordinances, by-laws, police and health 
regulations, for the good government of the town and the 
public health, as may be necessary and expedient to carry 
into eflect the powers vested in said board, or any officer of 
said town or officer or agent of said board, and to enforce 
observance of the same by fine, in the discretion of the 
magistrate or court before which conviction may be had : 
Provided, such fine shall not exceed one hundred dollars. 

§ 12. Any justice of the peace in said town shall have Jurisdiction of 
jurisdiction of any offense committed under this act or p^eace^ ^^ *^^ 
the rule, by-laws or ordinances of said board, and changes 
of venue and appeals may betaken, as in other cases. AH 
fines and penalties, when collected, shall be paid to the 
treasurer of said town. 

§ 13. All actions brought to recover any penalty or for- suits at law. 
feiture incurred under this act or the ordinances, by-laws or 
police regulations made in pursuance of it, shall be brought 
in the corporate name of the town. It shall be lawful to 
declare, generally, in debt, for such penalty, or forfeiture, 
stating the clauses of this act or the by-laws or ordinances 
under which the penalty or forfeiture is claimed and to give 
the special matter in evidence under it. In all prosecutions summons. 
the first process shall be a summons, unless oath or affir- 
mation be made for a warrant, as in other cases. Any tine 
or penalty may be remitted, or any person imprisoned by 
virtue hereof may be discharged by a vote of the board of 
trustees. . ' 



350 



toVns. 



I 



Incompetent. 



Arrests. 



Policemen and 
duties. 



Posting by-laws § 1-i, Every ordinance, regulation or bj-law imposing 
a penalty, line, imprisonment or forfeiture tor a violation 
ot its provisions shall, after the passage thereof, be posted 
up in at least three ot the most public places in said town, j 

§ 15. J^o person shall be an incompetent judge, justice,' 
^vitness or juror, by reason of his being rn inhabitant or 
freeholder of said town in any action or proceeding in which 
the said town shall be a party. 

§ 10. All othcers of said town and such policemen as 
said board may appoint shall have power to arrest or cause 
to be arrested, with or without process, all persons who 
shall l)reak or threaten to break the peace, or who shall be 
found by them in the act of violating any of the regulations, 
ordinances or by-laws of said board, and, if necessar}^, de- 
tain such persons in custody over night in some place, and 
shall have and exercise such other powers as conservators of 
the peace as the board may prescribe; and said board may ap- 
point one or more policemen and prescribe their duties ; 
and the said policemen or any constable in said town may serve 
any process or make any arrest authorized by this act or 
the regulations, by-laws or ordinances of said board ; and 
said boaid may, also, appoint other officers and agents for 
the purpose of carrying out and executing their ordinances, 
by-laws or regulations, and may prescribe their duties and 
compensation and term of office. 

§ 17. 'No member of said board, who is required by the 
terms of this act to execute a bond upon entering on the 
duties of his office, shall be entitled to a vote on the approval 
of the bond required to be given by him. 

§ 18. The said board shall determine the place of hold- 
inor the town meetinojs in said town. And the officers of 
election shall perform the duties of their office as now pro- 
vided by law. The election of any member of said board 
may be contested in the same manner as provided for con- 
testing the election of other town officers. The said board 
shall have power to fill any vacancy that may occur in their 
number; and they may remove a member who shall be 
found guilty of malfeasance in office or who shall have vio- 
lated his OHth of ofKce or been guilty of a felony : Provided^ 
such member shall lirst have an op])ortunity to be heard 
upon any charge preferred against him. The said board 
may appropriate so much money as they shall deem proper 
f(jr the Compensation of the town clerk or any officer or 
agent appointed by them. 

§ 19. The said board shall have power, from time to 
time — 

F<riit. — To lay out public streets, alleys, lanes and high- 
ways, and to extend, alter, widen, contract, straighten, name 
and discontinue the same. 

tStcond. — To cause any street, alley, lane or, highway to 
be tilled, graded, leveled, paved, bridged, macadamized, 
culverted or otherwise improved, andkeepthesame in repair. 



Bondg. 



Meetings and 
elections. 



Compcniation, 



Street and alley 
improvements 



Grade, pare, etc 



TOWNS. 351 

Third. — To cause any sidewalks, public and private side walks. 
drains, sewers, ditches or aqueducts to be constructed, laid, 
relaid, erected, cleaned and repaired. 

§ 20. Fourth, — To perfect ti»e title to any park in which Parks, 
the town of Hyde Park may have an interest, and to pro- 
tect, ornament and improve the same. 

§ 21. The board of trustees of said town may, also, have Special .assess- 
power to levy and collect special assessments upon any '^®'*^^- 
land in said town for any public injprovement ; or any pub- 
lic improvement may be paid for out of the general town 
money or a portion of the expense paid out of the general 
town money and a portion paid by special assessments, as 
may be determine 1 upon by the board of trustees; when- 
ever it shall be deemed necessary to take and condemn 
lai»d for the purpose of laying out any street, road or public 
highway, or for any other public purpose authorized by 
said board, the benetits resulting therefrom shall be taken 
into Consideration in estimating the value of the land to be 
taken. ^ 

§ 22. On making any improvement the said board shall Expenses and 

1 4. ^' ^ 1 1 J? ..I .1 r benefits. 

proceed to e.-timate how much oi the expense thereof may 
be properly chargeable to real estate especially benefited 
by such improvements, and how much thereof may be prop- 
erly chargeable to and paid out of ihe general town money ; 
and if the said board shall order such improvemem, the 
order shall specify what amount shall be assessed upon the 
property deemed specially benefited, and what amount 
shall be chargeable to and be paid out of the general town 
money. 

§ 23. Before entering upon his duties the commissioner Puties^of 
shall give six days' notice, by ])OSting up notices in three 
of the most public places in said town of Hyde Park, of 
the time and place of making such assessment, to all per- 
sons interested ; and he may, it necessary, adjourn from 
day to day. The commissioner shall assess the amount 
directed by the said board of trustees to be assessed upon 
the real estate by him deemed benefited by any such im- 
provement, in proportion t(» the benefit resulting thereto, 
as nearly as may be, and briefly described in the assessment 
roll to be made by him of the real estate in respect to which 
any assessment is made. Whenever any such improve- 
ment shall require the condemnation or appropriation of 
any land or real estate the commissioner shall proceed to 
ascertain and assess the damages and recompense due the 
owners of such lands respectively, and at the same time to 
determine what real estate will be benefited by such im- 
provement, and assess the damages, together with the cost 
of the proceeding, on the real estate by him deemed bene- 
fited, in proportion, as nearly as may be, to the benefit 
resulting to each separate lot or parcel, and the assessment 



commiasiooers 



352 



TOWNS. 



Delivery of copy 
of ftssesameuta 



Doties of 
town clerk. 



Appeals. 



Rerislon ef 

sssessments. 



Newassessm'tg. 



A.dditional 
asseesments. 



Compenpat'n of 
commissioners 



Filing of 
aase.-«ement3. 



C«llectionof. 



shall cover onh^ the damage for the real estate appropriated 
and the cost of proceed! no-s. 

§ 24:. When the commissioner shall have completed his 
assessment and made a corrected copy thereof, he shall 
deliver the snme to the town clerk of said town of Hyde" 
Park within forty days after the ordering of such improve- 
ment by the board, signed by the commissioner. The town 
clerk shall, thereupon, cause notices to be posted up in 
three of the most public places of said town of Hyde Park, 
for the space of six days, to all persons interested, of the 
completion of the assessment and the filing of the roll. 
Time and place shall be designated therein for hearing ob- 
jections. Any person interested may appeal to said board 
of trustees for the correction of the assessment. Appeals 
shall be in writing and filed in the town clerk's office within 
six days after the notices shall have been posted up, as pro- 
vided in the foregoing section. The board of trustees may 
adjourn such hearing from day to day, and shall have power, 
in case of appeal or otherwise, in their discretion, to revise 
and correct the assessment or to order a new one ; which 
shall be final and conclusive on all parties interested, if 
confirmed. When confirmed the assessment shall be col- 
lected as hereinafter provided ; and no appeal or writ of 
error sliall lie in any case from such order and determina- 
tion. If any assessment be set aside by order of any court, 
the board of trustees may cause a new one to be made, in 
like manner, for the same purpose, for the collecting of the 
amount so assessed. 

§ 25. If the first assessment prove insufficient, another 

mav be made in the same manner, or if too lara:e a sum 
1*11 
shall at any time be raised the excess shall be refunded, 

ratably, to those by whom it was paid. 

§ 26. The commissioner may be sworn into office by 
the town clerk, and said commissioner shall be allowed three 
dollars per day for each day of actual service, which, to- 
gether with all other expenses in relation to any assessment 
made in pursuance of this act, shall be deemed part of the 
expenses of the improvement and included therein. 

§ 27. When said assessment shall have been confirmed, 
as hereinbefore provided, it shall be the duty of the town clerk 
to tile the same in the office of the clerk of the county court 
of said county of Cook ; and it shall be the duty of said clerk 
of the county court, in the warrant next thereafter to be 
issued for the collection of state and county taxes levied 
upon the real estate in said town of Hyde Park to set down 
in a column for that purpose provided, opposite the several 
lots, pieces or parcels of real estate upon which assessments 
have been made for benefits, as liereinbefore provided, the 
amount of eaid assessment, respectively ; and it shall there- 
upon be the duty of the collector of taxes for the state and 
county to collect the said assessments and enforce the pay- 



TOWNS. 358 

meiit thereof iu the same manner and with all the rights, 
powers and authority that he has to collect state and county 
taxes, and shall pay the same over to the officer entitled to re- Dieposuioa of. 
ceivo the town tax"at the same time that he is required to pay 
over the county revenue ; and the proper court of said 
county shall render judgment against and order the sale of ludgmente. 
any lot, piece or parcel of real estate, for the ]^ on-pay ment 
of the said assessment and costs, in the same manner as is 
or may be provided for state and county taxes; and judg- 
ment shall be rendered for the aggregate amount for county, 
state and other taxes and the assessments aforesaid. The saieofreai 
sale shall be conducted upon the same notice and judgment 
and in the same manner as is or may be provided by law 
for state and county taxes. The ri^ht ot redemption shall ^'^i't«^\, 
exist and be exercised in the same manner and deeds tor 
property sold for any assessment levied under this act shall 
be executed by tlie same persons and shall have the same 
effect, as evidence, as deeds executed in pursuance of the 
laws now in force or hereafter to be enacted providing for 
the collection of state and county taxes in counties adopt- 
ing the township organization. The collector shall receive coiieetor'e 
the same compensation for the collection of said assessment *'°"^p®^'* '°^ 
as is allowed for the collection of state and county revenue, 
to be paid out of the proceeds of such assessment, when 
collected. 

§ 28. The commissioner, in making said assessment, injurie*. 
shall determine and appraise to the owner or owners the 
value of the real estate appropriated for the improvement 
and the injuries arising to them respectively from the con- 
demnation thereof, which shall be awarded to such owners, 
respectively, as damages, after making due allowance there- 
from for any beneiits which such owners may, respectively, 
derive from such improvement. 

§ 29. If the damage to any person be greater than the ^^^^If^ *^'^ 
benefit received, or if the benefit be greater than the dam- 
age, in either case the commissioner shall strike a balance 
and carry the difference forward to afiother column, so that 
the assessment may show what amount is to be received or 
paid b}^ such owners, respectively, and the difference only 
shall in any case be collected of them or paid to them. 

§ 30. The said board shall have power to locate, erect Purchase of 
or purchase one or more buildings for town purposes, or for ^' ^°^'* 
the use of said board, and they are hereby authorized to 
provide for the expenses of such buildings and land on 
which it may be located in the same manner as is provided 
for other public improvements. 

§ 31. JSTothing in this act shall be so construed as in 
any manner to authorize or empower the trustees of said 
town or its officers or agents to pro